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Full text of "North Carolina Register v.10 no. 16b (11/15/1995)"



NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 16B • Pages 1828 - 2026 
November 15, 1995 



PUBLISHED BY 



The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



IN THIS ISSUE 

Environment, Health, and Natural Resources 

Public Education 

Revenue 

Secretary of State 

Transportation 



i 

. ■.-■ 



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nov : 

kate i • i -■'*-' nr£T 
- " • 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will t}'pically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each count)' in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and ninety five dollars (S 195.00) for 24 
issues. Individual issues mav be purchased for ten dollars 
($10.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, PO Drawer 
27447, Raleigh, NC 27611-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
150B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may 
request a hearing); a statement of procedure for public comments; 
the text of the proposed rule or the statement of subject matter; the 
reason for the proposed action; a reference to the statutory 
authority for the action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantial!}' from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission (RRC). After approval 
by RRC. the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Administrative 
Code (NCAC). 

Proposed action on rules may be withdrawn by the promulgating 



agency at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 

TEMPORARY RULES 

Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH. the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions 
in G.S. 150B-21.1. If the Codifier determines that the findings 
meet the criteria in G.S. 150B-21.1. the rule is entered into the 
NCAC. If the Codifier determines that the findings do not meet 
the criteria, the rule is returned to the agency. The agencv may 
supplement its findings and resubmit the temporary rule for an 
additional review or the agency may respond that it will remain 
with its initial position. The Codifier. thereafter, will enter the 
rule into the NCAC. A temporary rule becomes effective either 
when the Codifier of Rules enters the rule in the Code or on the 
sixth business day after the agency resubmits the rule without 
change. The temporary rule is m effect for the period specified in 
the rule or 180 days, whichever is less. An agency adopting a 
temporary rule must begin rule-making procedures on the 
permanent rule at the same time the temporary rule is filed with 
the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 40 occupational licensing boards. Compilation and 
publication of the NCAC is mandated by G.S. 150B-21.18. 

The Code is dhided into Titles and Chapters. Each state agenes- 
is assigned a separate title which is further broken down by- 
chapters. Tide 21 is designated for occupational Licensing boards. 
The NCAC is avadable in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents ($2.50) for 10 pages or less, 
plus fifteen cents ($0.15) per each additional page. 
Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

(2) The full publication and supplement service is pnnted 
and distributed by Barclays Law Publishers. It is 
available in hardcopy, CD-ROM and diskette format. 
For subscription information, calf 1-800-888-3600. 

CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 10:01 NCR 1-67, April 3, 1995 refers to 
Volume 10. Issue 1. pages 1 through 67 of the North Carolina 
Register issued on April 3, 1995. 



FOR INFORMATION CONTACT: Office of Administrative Hearings, ATTN: 
NC 27611-7447. (919) 733-2678. FAX (919) 733-3462. 



Rules Division. PO Drawer 27447. Raleidi. 



NORTH CAROLINA 




Volume 1 0, Issue 1 
Pages 1 828 - 2026 



November 1 5, 1 995 



This issue contains documents officially 
filed through October 31, 1995. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



IN THIS ISSUE 



PROPOSED RULES 

Environment, Health, and Natural Resources 

Coastal Resources Commission 1920- 1922 

Departmental Rules 1828- 1834 

Environmental Management 1835 - 1920 

Health Services 1959 - 1997 

Radiation Protection 1958 - 1959 

Wildlife Resources Commission 1922 - 1958 

Public Education 

Elementary and Secondary 
Education 1997-2005 

Revenue 

Motor Fuels Tax Division 2005 - 2015 

Secretary of State 

Boxing Commission 2015 

Transportation 

Deputy Secretary - Transit, Rail and 

Aviation 2023-2025 

Highways, Division of 2015-2019 

Motor Vehicles, Division of 2019-2023 



Julian Mann ID, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



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♦ 



PROPOSED RULES 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Department of Environment, 
Health, and Natural Resources intends to amend rules cited 
as 15A NCAC 1C .0101, .0503 - .0504. 

Proposed Effective Date: February 1, 1996. 

A Public Hearing will be conducted at 3:30 pm - 5:00 pm 
on November 30, 1995 at the Archdale Building, Room 917, 
512 North Salisbury Street, Raleigh, NC 27604. 

Reason for Proposed Action: The proposed rulemaking is 
needed to update, clarify, and improve the identification of 
thresholds of activity /impact below which an environmental 
document will not be required under the N. C. Environmental 
Policy Act (NCEPA). The proposed amendments conform to 
current statutes and organizational structure, and will reduce 
the number of environmental documents required for non- 
major activities. 

Comment Procedures: Written comments may be submitted 
to Bill Floumoy, Office of Legislative and Intergovernmental 
Affairs, PO Box 27687, Raleigh, NC 27611-7687, (919) 
715-4191. Written comments will be received until Decem- 
ber 30, 1995. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER 1C - CONFORMITY WITH NORTH 
CAROLINA ENVHIONMENTAL POLICY ACT 

SECTION .0100 - GENERAL PROVISIONS 

.0101 STATEMENT OF PURPOSE, POLICY, 
AND SCOPE 

(a) The purpose of the rules in this Subchapter is to 
establish procedures within the Department of Environment, 
Health, and Natural Resources (EHNR) for conforming with 
the North Carolina Environmental Policy Act (NCEPA). 

(1) Rules for implementation of the NCEPA (1 
NCAC 25) are hereby incorporated by reference 
to include further amendments pursuant to G.S. 
150B H(o) 150B-21.6 . 

(2) The EHNR's procedures must insure that envi- 
ronmental documents are available to public 
officials and citizens before decisions are made 
and before actions are taken. The information 
must be of high quality and sufficient to allow 
selection among alternatives. 

(b) The Secretary is the "responsible state official" for 
EHNR. The secretary may delegate responsibility for the 



implementation of the NCEPA to appropriate staff. 

(c) The provisions of the rules in this Subchapter, the 
state rules (1 NCAC 25), and the NCEPA must be read 
together as a whole in order to comply with the spirit and 
letter of the law. 

(d) For the purpose of this Chapter: 

(1) "Agency" means the Divisions and Offices of 
EHNR, as well as the boards, commissions, 
committees, and councils of EHNR having 
decision-making authority and adopting these 
rules by reference; except where the context 
clearly indicates otherwise. 

(2) "Cumulative Effect" results from the incremental 
impact of the proposed activity when added to 
other past, present, and reasonably foreseeable 
future activities regardless of what entities 
undertake such other activities. Cumulative 
effects can result from individually minor but 
collectively significant activities taking place 
over a period of time. 

(3) "Hazardous Waste" means everything included 
in its definition at 15A NCAC 13B .0101(11). 

(4) (6) " S e oondary Indirect Effects" are caused by 
and result from the proposed activity although 
they are later in time or farther removed in 
distance, but they are still reasonably foresee- 
able. 

(5) (3) "Major Activity" means any activity with a 
potential for significantly affecting the quality of 
the environment, depending upon how the 
activity is carried out, including but not limited 
to construction, management, and maintenance 
programs and projects. 

(6) (4) "Non-Major Activity" includes those activi- 
ties that are clearly not major and have only a 
minimum potential for significantly affecting the 
quality of the environment. 

(7) ($) "Non-State Entity" includes local govern- 
ments, special purpose units of government, 
contractors, and individuals/corporations to 
which the NCEPA may apply. 

(8) f?) "Secretary" means the Secretary of EHNR. 

Statutory Authority G.S. 113A-2; 113A-6; 113A-9; 143B-10. 
SECTION .0500 - MINIMUM CRITERIA 

.0503 EXCEPTIONS TO MINIMUM CRITERIA 

Any activity falling within the parameters of the minimum 
criteria set out in Rule .0504 of this Section will not 
routinely be required to have environmental documentation 
under the NCEPA. However, the Secretary of EHNR may 
determine that environmental documents under the NCEPA 
are required in any case where one of the following findings 
applies to a proposed activity. 

(1) The proposed activity may have a potential for 
significant adverse effects on wetlands, parklands, 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1828 



PROPOSED RULES 



prime or unique agricultural lands, or areas of 
recognized scenic, recreational, archaeological, or 
historical value including indirect effects; or 
would threaten a habitat identified on the Depart- 
ment of Interior's or the state's threatened and 
endangered species lists. 

(2) The proposed activity could cause significant 
changes in industrial, commercial, residential, 
agricultural, or silvicultural land use concentra- 
tions or distributions which would be expected to 
create adverse water quality, air quality, or 
ground water impacts; or affect long-term recre- 
ational benefits, shellfish, wildlife, or their natural 
habitats. 

(3) The proposed activity has secondary impaots 
indirect effect , or is part of cumulative effects, not 
generally covered in the approval process for the 
state action, and that may result in a potential risk 
to human health or the environment. 

(4) The proposed activity is of such an unusual nature 
or has such widespread implications that an un- 
common concern for its environmental effects has 
been expressed to the agency. 

Statutory Authority G.S. 113A-4; 113A-6; 113A-9; 113A-10; 
113A-11; 113A-12; 143B-10. 

.0504 NON-MAJOR ACTIVITY 

The following minimum criteria are established as an 
indicator of the types and classes of thresholds of activity at 
and below which environmental documentation under the 
NCEPA is not required. As set out in Rule .0503 of this 
Section, the Secretary may require environmental documen- 
tation for activities that would otherwise qualify under these 
minimum criteria thresholds. 

(4-) Sampling, survey, monitoring and related research 

activities including but not limited to the follow 

(a} Aerial photography proj e ots involving th e photo 

graphing or mapping of the lands of the state. 

fb) Biological sampling and monitoring of fishorios 

rooourooo through th e uoo of traditional oomm e r 
oial fishing g e ar, electricity, and rot e non e . 

fe) Soil survey projects involving the sampling or 

mapping of the soils of the state. 

{4) Establishing str e am — gaging — stations — for th e 

purpos e of m e asuring wat e r flow at a particular 

(«) Placement of monitoring wolls for tho purpose 

of m e asuring groundwat e r l e v e ls, quantity, or 

quality. 
(4-) Gathering surface or subsurface information on 

the geology, mineral s , or energy resources, of 

th e stat e . 
4g) Plao e m e nt and us e of g e odotio surv e y oontrol 

points. 
(fe} Othor routine s urvey and resource monitoring 



(in- 



activities, or other tomporory activities required 
for rooearoh into th e e nvironm e nt whioh hav e 
minimum long t e rm e ff e c ted 

(i) Activities that are proposed for funding under 

tho North Carolina Community Development 
Blook Grant Program that ar e exempt or oato 
gorioally e xolud e d from NEPA under tho provi 
sions of tho Environmental Review Procedures 
at 2 4 CFR Part 5 8 . 

(3} Standard — maint e nanc e — ef — r e pair — activiti e s — as 

Beaded to maintain th e originally defin e d funotion 
of a project or facility (but without expansion, 
increase in quantity, or decrease in quality) inolud 
ing but not limited to tho following: 
Routine repairs and hous e k ee ping proj e ots whioh 
maintain — a — facility's original — condition — and 
physical features, including ro roofing and minor 
alt e rations wh e r e in kind mat e rials and tooh 
niquos ar e us e d. — This also e noompaso e s struo 
turos 50 years of ago and older and for which no 
separate — km-, — rale^ — or regulation dictates a 
formal r e vi e w and approval proo e os. 
Roads, bridges, parking lots, and th e ir r e lat e d 
facilitios. 

Utilities (water, sowor, and electricity) on their 
e xisting rights of way. 
Storm s e w e r and surfao e drainage syst e ms. 
Boat ramps, docks, piers, bulkheads, and associ 
ated facilitios at water ba s ed recreation sites. 
Dik e d, — highground — dredg e mat e rial — disposal 












(9- 



e- 



m- 



&- 



— Activities nocossary to fulfill tho existing ro 
quiromonto of in effect permits for tho protection 
of th e e nvironm e nt and human h e alth. 

— Oth e r maint e nano e — and — r e pair — activiti e s — ee 
previously approved projects, consistent with 
existing environmental documents. 

— Activiti e s that ar e propos e d for funding und e r 
th e North Carolina Community D e v e lopm e nt 
Block Grant Program that are exempt or cato 
gorically excluded from NEPA review under tho 
provisions of th e Environmental R e vi e w Prooo 
dur e s at 24 CFR Part 5 8 . 

— Activities that aro proposed for funding under 
th e North Carolina Emorgoncy Sholtor Grants 
Program that ar e e x e mpt or categorically e x 
olud e d from NEPA r e view und e r provisions of 
tho Environmental Review Procedures at 24 
CFR Part 50. 

Minor construction activiti e s including but not 

limit e d to th e following: 

— Now surface discharge facilitios of less than 
500,000 gallons per day or expansions of exist 
ing faciliti e s with l e ss than 500,000 gallons p e r 
day additional flow and where d e sign flows ar e 
loss than one third of tho 7Q10 flow of the 
stream and do not result in a loss of any existing 



1829 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



(b) Wast e wat e r opmy irrigation and rotary distribu 

tor oyotomo not groator than 100,000 gallons p e r 

(e) Now land application sites for sludge disposal 

with l e oo than 200 total aoroo or e xpansions of 
oxioting permito of l e ss than 200 additional aor e o 
and for which tho sludgo has boon determined -te 
bo not a hazardous waste. 

(d) Sower e xtonoiono with l e oo than thr ee mil e s of 

now lin e o and a design volum e not exceeding 
1,000,000 gallons por day, or individual pump 
stations not exceeding 1,000,000 gallons per 

(e) Now and expand e d — subsurfao e wast e wat e r 

systems with a final design capacity not exceed 
ing 100,000 gallons per day. 

(4) Groundwater withdrawals of l e ss than 1,000,000 

gallono per day whore ouoh withdrawals ar e not 
expected to cause a significant alteration in 
established land use patterns, or degradation of 
groundwat e r or surfaoo wat e r quality. 

(g) Air e missions of pollutants from a minor souro e 

or modification as defined in 15 A NCAC 2D 
.0530, that are loss than 100 tons por year or 
250 tons per y e ar as defin e d ther e in. 

(h) Damo l e ss than 25 f ee t in height and having l e ss 

than 50 aero foot of storage capacity. 

(i) Routine grounds maintenance and landscaping, 

suoh as sid e walks, — trails, — walls, — gat e s, — and 
rolatod faciliti e s, inoluding outdoor e xhibits, (j) 
Any now building construction involving all of 
tho following: 
less than 10,000 squar e f ee t; 






4ess — than — twe — hundr e d — thousand — dollars 



($200,000) cost; 

lo33 than one acre of previously undisturbed 



&*)- 



m- 



ground, unl e ss th e site is a National R e gist e r 
arohaoologioal sit e ; or 
(iv) — no handling or storage of hazardous materials 
in tho completed facility- 
Demolition of or additions, r e habilitation and/or 



r e novations to a struotur e not list e d in tho Na 

tional Register of Historic Places or loss than 50 

years of ago. 
(1) R e clamation of und e rground storag e tanks and 

restoration of groundwater quality. 
(hi) Systems that discharge swimming pool filter 

backwash. 
(b) Installation of on farm Best Managem e nt Prao 

tio e s for th e N.C. Cost Shar e Program For 

Nonpoint Source Pollution Control codified as 



15A NCAC 6E. 

(e) Aotiviti e s that ar e proposed for funding under 

th e North Carolina Community D e v e lopm e nt 
Block Grant Program that are exempt or cato 
gorically excluded from NEPA review under tho 



provi s ions of tho Environmental R e view Proco 
dur e s at 21 CFR Part 5 8 . 

(p) Aotiviti e s that are proposed for funding under 

tho North Carolina Emergency Shelter Grants 
Program that are exempt or categorically ox 
olud e d from NEPA r e vi e w under provisions of 
th e Environm e ntal R e vi e w Prooeduros at 21 
CFR Part 50. 

(4) Management activities including but not limited to 

tho following: 

(ft) Replenishm e nt of sh e llfish b e ds through tho 

placement of sholl or seed oysters on depleted 
and/or suitable marine habitat. 

(b) Cr e ation and enhancement of marin e fish e ri e s 

habitat through th e e stablishm e nt of artifioial 
roofs on Environmental Protection Agency, U.S. 
Army Corps of Engineers, National Marino 
Fish e ri e s Servioo, and U.S. Fish and Wildlif e 
S e rvio e approved sit e s, inoluding th e us e of 
artificial roof con s truction material requiring an 
EPA certificate of cleanliness from potroloum 
basod produots and oth e r pollutants. 
Plao e m e nt of fish attraotore and sh e lt e r in publio 
water s . 



(<*)- 



Translocation and stocking of native fish and 

wildlif e in aooordano e with wildlif e manag e m e nt 

plans. 

Rointroduction of native endangered or throat 






onod spocios in accordance with Federal guide 

lin e s or r e oovery plans. 

Produotion of native — and — agricultural — plant 



spocios to create or enhance fish or wildlife 
habitat and forest resources, including fortiliza 
tion, planting, mowing, and burning in aooor 
dano e with management plans. 

(g) Timber harvest in accordance with tho National 

Forest Service or tho N.C. Division of Forest 
R e souro e s timber management plans. 

(h) R e for e station of timb e rlands in aooordano e with 

tho National Forest Sorvico or tho N.C. Division 
of Forest Resources timbor management plans. 



(i) Control of forest or agricultural ins e ots and 

dis e as e outbr e aks, by th e lawful application of 
labeled posticido3 and herbicides by licensed 
applicators, on areas of no more than 100 acres. 

(j) Control of aquatic woods in str e am ohann e ls, 
oanals, and other wat e r bodies, by tho lawful 
application of labeled herbicides by licensed 
applicators, on areas of no more than two acres 
or 25 p e ro e nt of th e surfao e ar e a, whioh e v e r is 

(k) Romoval of logs, stumps, troos, and other dobris 

from stream channels whore thoro is no channel 
e xoavation, — and aotiviti e s ar e carri e d out in 
aooordano e with Stream Obstruction R e moval 
Guidelines prepared by tho Stream Renovation 
Guideline s Committee of tho Wildlife Society 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1830 



PROPOSED RULES 



©- 






W- 
W- 



W- 



W- 






(w)- 



£?- 






and the American Fisheries Society. 

— Dr e dging of e xisting navigation ohannolo a nd 
basino, provided that the opoil io plaood in 
exi s ting — and approved — high ground disposal 
aroaa. 

— Controll e d or preooribod burning for wildlif e and 
timber onhanooroont in aooordanoe with applioa 
bio tnanagomont plana. 

— Drainage — projocto — whore — the — moan — seasonal 
water table olovation will bo low e r e d l e oo than 
ono foot over an aroa of one squar e mil e or l e oo. 

— Manipulation of water levels in reservoirs or 
impoundments in accordance — with approved 
managomont piano, for the purpos e of providing 
for water supply storage, flood oontrol, r e or e 
ation, hydroelectric power, and fish and wildlife. 

— Specific modifications in previously permit ted 
discharg e s resulting in an inor e asod flow of l e oo 
than 500,000 gallons p e r day. 

— Installation of on farm Boot Managomont Prac 
ticos for the N.C. Cost Share Program For 
Nonpoint Souroo Pollution Control oodifi e d ao 
15A NCAC 6E. 

— Continuation of previously permitted activities 
whoro no increase in quantity or decrease in 
quality are propos e d. 

— Acquisition or aooeptano e of r e al property to be 
retained in a totally natural condition for its 
environmental benefits, or to bo managed in 
aooordano e with piano for whioh e nvironm e ntal 
dooumonts have boon approv e d. 

— Care of all trees, plants, and groundcovors on 
public lands. 

— Care, inoluding m e dioal treatment, of all animals 
maintained for publio display. 

— Activities that aro proposed for funding under 
tho North Carolina Community Development 
Block Grant Program that ar e e xempt or oat e 
gorioally excluded from NEPA revi e w und e r th e 
provisions of tho Environmental Review Proco 
duros at 2 4 CFR Part 5 8 . 

— Activiti e s that are proposed for funding und e r 
th e North Carolina Em e rg e ncy Shelter Grants 
Program that are oxompt or categorically ox 
eluded from NEPA review under provisions of 
th e Environmental R e vi e w Proc e dur e s at 24 
CFR Part 50. 
Private use of public land s including but not 
limited to the following: 

— Us e of pound nets. 






M e chanical sh e llfish harv e sting. 

Shellfish relaying and transplanting. 

Harvost of shellfish during closed seasons. 

Sp e cial fish e ri e s managem e nt activiti e s und e r 

15A NCAC 31 .0012. 

Scientific collecting within coastal water s . 

Aquaculture operations within ostuarine waters. 



(h) Introduction and transfer of marino and ostuarine 

organisms. 

(1) Sampling, survey, monitoring and related research 
activities including but not limited to the follow- 
ing: 

(a) Aerial photography projects involving the photo- 
graphing or mapping of the lands of the state. 
£b) Biology sampling and monitoring of: 

(i) Fisheries resources through the use of tradi- 
tional commercial fishing gear, electricity, and 
rotenone; and 
fii) Wildlife resources through the use of tradi- 
tional techniques, including but not limited to 
traps, drugs, and firearms. 

(c) Soil survey projects involving the sampling or 
mapping of the soils of the state. 

(d) Establishing stream gaging stations for the 
purpose of measuring water flow at a particular 
site. 

(e) Placement of monitoring wells for the purpose 
of measuring groundwater levels, quantity, or 
quality. 

(f) Gathering surface or subsurface information on 
the geology, minerals, or energy resources, of 
the state. 

(g) Placement and use of geodetic survey control 
points. 

(h) Other routine survey and resource monitoring 
activities, or other temporary activities required 
for research into the environment which have 
minimum long-term effects. 

(2) Standard maintenance or repair activities as 
needed to maintain the originally defined function 
of a project or facility (but without expansion, 
increase in quantity, decrease in quality/use, or 
release of hazardous waste including but not 
limited to the following: 

(a) Routine repairs and housekeeping projects which 
maintain a facility's original condition and 
physical features, including re-roofing and minor 
alterations where in-kind materials and tech- 
niques are used. This also encompasses struc- 
tures 50 years of age and older and for which no 
separate law, rule, or regulation dictates a 
formal review and approval process- 
or Roads, bridges, parking lots, and their related 
facilities. 

(c) Utilities on their existing rights-of-way. 

(d) Surface drainage systems, including modifica- 
tions which reduce the discharge of freshwater 
or otherwise mitigate existing negative environ- 
mental effects. 

Boat ramps, docks, piers, bulkheads, and associ- 
ated facilities. 






Diked, highground dredge-material disposal 



Activities necessary to fulfill the existing re- 



1831 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



(hi 



iil 



121 



(a) 



(1) 

m 

(JiH 
fivl 



(vj 



quirements of in-effect permits for the protection 
of the environment and human health. 
Other maintenance and repair activities on 
projects which are consistent with previously 
a pproved environmental documents- 
Routine grounds maintenance and landscaping, 
such as sidewalks, trails, walls, gates, and 
related facilities, including outdoor exhibits- 
Minor construction activities, (except that condi- 
tions may cause exceptions to these thresholds per 
Rule .0503 of this Section) including but not 
limited to the following: 
Wastewater treatment systems such as the fol- 
lowing: 
Relocation of discharge points within the same 
river basin: 

New surface discharge facilities of less than 
500.000 gallons per day or expansion of 
existing discharge facilities with less than 
500.000 gallons per day additional flow: 
New discharge facilities where design flows 
are less than one-third of the 7 -day. 10-year 
low flow of the receiving stream; 
New wastewater spray irrigation, rotary distri- 
bution, or subsurface waste water systems with 
a final capacity not exceeding 100.000 gallons 
per day; 
New individual land application sites for 



Ml 



(vii) 



(b) 



(I) 

(ID 

(iii) 
(iv) 



residuals utilization with less than 200 total 
acres of a pplication area per site or expansions 
under existing permits of less than 200 addi- 
tional acres of a pplication area per site, where 
less than 10 percent of the total land applica- 
tion area is converted from a non-plantation 
forested area; 

Sewer extensions with either, less than three 
miles of new lines or a design flow not ex- 
ceeding 1.000.000 gallons per day; and 
New individual pump stations with a design 
flow not exceeding 1.000.000 gallons per day 
or expansions of existing pump stations with 
less than 1.000,000 gallons per day additional 
flow. 
Potable water systems such as the following: 
Construction of new wells for water supply 
purposes; 

Improvements to water treatment plants that 
involve less than 1,000,000 gallons per day 
added capacity or design withdrawal less than 
one-fifth of the 7-day, 10-year low flow of the 
contributing stream; 

Improvements not intended to add capacity to 
the facility; 

Installation of water lines in proposed or 
existing rights-of-way for streets or utilities, or 
new water lines less than five miles in length; 
and 



(v) Construction of water tanks, or booster pump- 
ing or re-chlorination pump stations. 

(c) Groundwater withdrawals of less than 1 ,000.000 
gallons per day. where such withdrawals are not 
expected to cause a significant alternation in 
established land use patterns, or degradation of 
groundwater or surface water quality. 

(d) Solid waste disposal activities such as the fol- 
lowing: 

(i) Construction of solid waste management facili- 
ties, other than landfills exempt pursuant to 
NCGS 130A-294(a)(4), which store, treat, 
process incinerate, or dispose of less than 350 
tons per day (averaged over one year) of solid 
waste; 
(ii) Disposal of solid waste by land application on 
100 total acres or less, where less than 10 
percent of the total land application area is 
converted from a non-plantation forested area; 
and 
(iii) Land disturbing activities which are not located 
within High Quality Waters (HOW) Zones or 
Trout Water Buffer Zones, and land-disturbing 
activities that will disturb less than five acres 
within a HOW Zone or a Trout Water Buffer 
Zone. 

(e) Development activities within Areas of Environ- 
mental Concern (AECs) of the 20 county coastal 
area which do not require a Coastal Area Man- 
agement Act (CAMA) Major or Minor Permit 
pursuant to 15A NCAC 7K-Activities in Areas 
of Environmental Concern which Do Not Re- 
quire a Coastal Area Management Act Permit 
except activities which might require a NCEPA 
Environmental Document under provisions of 
another state approval or authorization. 

(f) Development activities within AECs of the 20 
county coastal area which require a CAMA 
Major or Minor Permit and which meet all 
a pplicable criteria set forth in 15A NCAC 7H- 
State Guidelines for Areas of Environmental 
Concern, except the following: 

New marinas; 
New navigation channels; 
Excavation of materials from aquatic environ- 
ments for use for beach nourishment or other 
purposes not directly related to approved 
navigation projects; and 
Any activity which might require a NCEPA 
environmental document under provisions of 
another state approval or state or local govern- 
mental agency requirement. 

(g) Air emissions of pollutants from a minor source 
or modification as defined in 15A NCAC 
2D.0503. that are less than 100 tons per year or 
250 tons per year as defined therein. 

(h) Reclamation of underground storage tanks and 



01 

(111 

liiil 



(iyl 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1832 



PROPOSED RULES 



restoration of groundwater quality. 
£i} Dams less than 25 feet in height and having less (h) 

than 50 acre-feet of storage capacity. 
(j) Land disturbing activities which are not located 

within High Quality Water (HQW) Zones or 
Trout Water Buffer Zones, and land-disturbing £i) 

activities that will disturb less than five acres 
within a HOW Zone or a Trout Water Buffer 
Zone. 
(k) Any new construction for a building which £j) 

involves all of the following; 
£i} A footprint of less than 10,000 square feet; 
£ii) A location that is not a National Register 

Archaeological site; and £k] 

(iii) The building's pur pose is not for storage of 
hazardous waste. 
£1} Demolition of or additions, rehabilitation or 

renovations to a structure not listed in the Na- £1} 

tional Register of Historic places or less than 50 
years of age, 
(m) Routine grounds construction and landscaping, 
such as sidewalks, trails, walls, gates and related 
facilities, including outdoor exhibits. (m) 

(n) Installation of on-farm Best Management Prac- 
tices for the NC Cost Share Program for 
Nonpoint Source Pollution Control codified as 
15A NCAC 6E. 
(o) Construction or remodeling of swimming papis- 
ts Management activities including but not limited to 
the following: 

(a) Replenishment of shellfish beds through the 
placement of seed oysters or shellfish clutch on 
suitable marine habitats. 

(b) Creation and enhancement of marine fisheries 

habitat through the establishment of artificial (n) 

reefs in accordance with the Division of Marine 
Fisheries' Artificial Reef Master Plan. 

(c) Placement of fish attractors and shelter in public 

waters managed by the N.C. Wildlife Resources (o) 

Commission. 

(d) Translocation and stocking of native or natural- 
ized fish and wildlife in accordance with appro- (p) 
priate agency species management plans, water- 
shed management plans, or other approved 
resource management plans. 

(e) Reintroduction of native endangered or threat- (q) 
ened species in accordance with State or Fed- 
eral guidelines or recovery plans. 

(f) Production of native and agricultural plant 
species to create or enhance fish or wildlife (r) 
habitat and forest resources, including fertiliza- 
tion, planting, mowing, and burning in accor- 
dance with fisheries, wildlife, or forestry man- 
agement plans. 

(g) Forest products harvest in accordance with the (s) 
National Forest Service or the N.C. Division of 

Forest Resources forest products management 



plans. 

Reforestation of woodlands in accordance with 
the National Forest Service or the N.C. Division 
of Forest Resources woodlands management 
plans- 
Use of forestry best management practices to 
meet the performance standards in Forest Prac- 
tice Guidelines Related to Water Quality codified 
as 15A NCAC II. 

Control of forest or agricultural insects and 
disease outbreaks, by lawful application of 
labeled pesticides and herbicides by licensed 
applicators, on areas of no more than 100 acres. 
Control of species composition on managed 
forest lands as prescribed by approved forest 
management plans by the lawful application of 
herbicides by licensed applicators. 
Control of aquatic weeds in stream channels, 
canals and other water bodies, by the lawful 
application of labeled herbicides by licensed 
applicators, on areas of no more than two acres 
or 25 percent of surface area, whichever is less. 
Removal of logs, stumps, trees, and other debris 
from stream channels where there is no channel 
excavation, and activities are carried out in 
accordance with "Best Management Practices 
(BMPs) for Selective Clearing and Snagging," 
Appendix B in Incremental Effects of Large 
Woody Debris Removal on Physical Aquatic 
Habitat, US Army Corps of Engineers Technical 
Report EL-92-35, Smith et al, 1992, or other 
guidelines approved through the Intergovernmen- 
tal Review process as set out at I NCAC 25 
.0211. 

Dredging of existing navigation channels and 
basins to originally approved specifications, 
provided that the spoil is placed in existing and 
approved high ground disposal areas. 
Controlled or prescribed burning for wildlife, 
timber enhancement, and hazard reduction in 
accordance with applicable management plans. 
Plowing fire lines with tractor plow units, or 
other mechanized equipment, for the purpose of 
suppressing wildland (brush, grass, or wood- 
land) fires and prescribed burning. 
Scooping or dipping water from streams, lakes 
x or sounds with aircraft or helicopters for the 
purpose of suppressing wildland (brush, grass, 
or woodland) fires. 

Drainage projects where the mean seasonal 
water table elevation will be lowered less than 
one foot over an area of one square mile or less, 
and riparian and wetland areas will not be 
permanently effected. 

Manipulation of water levels in reservoirs or 
impoundments in accordance with approved 
management plans, for the purpose of providing 



1833 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



for water supply storage, flood control . recre- 
ation, hydroelectric power, fish and wildlife, and 
aquatic weed control. 
£t) Specific modifications in previously permitted 
discharges resulting in an increased flow of less 
than 500,000 gallons per day. 
(u) Installation of on-farm Best Management Prac- 
tices for the N.C. Cost Share Program For 
Nonpoint Source Pollution Control codified as 
15A NCAC 6E. 
(v) Continuation of previously permitted activities 
where no increase in quantity or decrease in 
quality are proposed. 
(w) Acquisition or acceptance of real property to be 
retained in a totally natural condition for its 
environmental benefits, or to be managed in 
accordance with plans for which environmental 
documents have been approved, 
(x) Care of all trees, plants, and groundcovers on 

public lands, 
(y) Care, including medical treatment, of all animals 

maintained for public display, 
(z) Activities authorized for control of mosquitoes 
such as the following: 
(i) Mosquito control water management work in 
freshwater streams performed in accordance 
with "Best Management Practices (BMPs) for 
Selective Clearing and Snagging" Appendix B 
in Incremental Effects of Large Woody Debris 
Removal on Physical Aquatic Habitat. US 
Army Corps of Engineers Technical Report 
EL-92-35. Smith et ah. 1992. or other guide- 
lines reviewed through the Intergovernmental 
Review process as set out at I NCAC 25 
.0211; 
(ii) Mosquito control water management work in 
salt marsh environments performed under 
Open Marsh Water Management guidelines 
reviewed through the Intergovernmental Re- 
view process as set out at I NCAC 25 .0211; 
(in) Lawful application of chemicals approved for 
mosquito control by the United States Environ- 
mental Protection Agency and the State when 
performed under the supervision of licensed 
operators; and 
(iv) Lawful use of established species to control 
mosquitoes. 
(5) Private use of public lands including but not 
limited to die following activities, when conducted 
in accordance with permit requirements: 

(a) Use of pound nets. 

(b) Mechanical shellfish harvesting. 

(c) Shellfish relaying and transplanting. 

(d) Harvest of shellfish during closed season. 

(e) Special fisheries management activities under 
15A NCAC 31 .0012. 

(f) Aquaculture operations within coastal waters. 



(g) Scientific collecting within coastal waters. 

(h) Introduction and transfer of marine and estuarine 

organisms. 
£i) Development activities within Areas of Environ- 
mental Concern (AECs) of the 20 county coastal 
area which do not require a Coastal Area Man- 
agement Act (CAMA) Major or Minor Permit 
pursuant to 15A NCAC 7K-Activities in Areas 
of Environmental Concern Which Do Not Re- 
quire a Coastal Area Management Act Permit 
except activities which might require a NCEPA 
Environmental Document under provisions of 
another state approval or authorization. 
£j} Development activities within AECs of the 20 
county coastal area which require a CAMA 
Major or Minor Permit and which meet all 
applicable criteria set forth in 15A NCAC 7H- 
State Guidelines for Areas of Environmental 
Concern, except the following: 
(i) New marinas; 
(ii) New navigation channels; 
(iii) Excavation of material from aquatic environ- 
ments for use for beach nourishment or other 
purposes not directly related to a pproved 
navigation projects; and 
(iv) Any activity which might require a NCEPA 
environmental document under provisions of 
another state approval or state or local govern- 
mental agency requirement, 
(k) Construction of piers and boat docks on all State 
Lakes when conducted in accordance with 15A 
NCAC 12C .0300. 

Statutory Authority G.S. 113A-4; 113A-6; U3A-9; 113A-10; 
113A-11; 113A-12; 143B-10. 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1834 



PROPOSED RULES 



«»****«*•«**»•**** 



N 



otice is hereby given in accordance with G.S. 150B-21.2 that the EHNR - Environmental Management Commission 
intends to amend rule cited as 15 A NCAC 2B .0315. 



Proposed Effective Date: May 1, 1996. 

ANNOUNCEMENT OF RULE-MAKING TO RECLASSIFY THE AUSTIN CREEK 
WATERSHED IN FRANKLIN AND WAKE COUNTBES 

The NC Department of Environment, Health and Natural Resources on behalf of the Environmental Management 
Commission (EMC) will conduct a public hearing in order to receive public comments on a proposal to reclassify the Austin 
Creek watershed (Neuse River Basin) in Franklin and Wake Counties. The watershed is proposed to be reclassified from 
WS-m NSW (Nutrient Sensitive Waters) and WS-UI CA (Critical Area) NSW to Class C NSW. 



PROPOSAL: 
Affected Area: 

Current Class: 

Proposed Class: 

Affected Local 
Governments: 

Summary: 



Public Input: 



Austin Creek watershed which includes Austin Creek, from its source to Smith Creek, and 
tributaries (Neuse River Basin). 

WS-III NSW (Nutrient Sensitive Waters) and WS-III CA (Critical Area) NSW. 

C NSW. 

Franklin and Wake Counties and the Town of Wake Forest. 

The Austin Creek watershed is approximately 2,615 acres in size and is located in Franklin and 
Wake Counties (Neuse River Basin). The watershed is currently classified as WS-III which 
designates the watershed as a drinking water supply source. The Town of Wake Forest has 
requested that the Austin Creek watershed be reclassified from its current WS-III classification. 
The Town notes that the watershed has not been used as a water supply source and that current 
studies indicate that it is not of sufficient size to be a feasible drinking water supply source. Three 
local governments have land use authority within the watershed. They are the Town of Wake 
Forest, and Franklin and Wake Counties. The Town currently uses Smith Creek Reservoir and 
water from the City of Raleigh, as needed. The water supply plan for the Town of Wake Forest 
also notes that potential future sources would be one of the following: increase flows from the City 
of Raleigh, the Neuse River, and expansion of the Wake Forest Reservoir or water from the 
Franklin Water and Sewer Authority. 

The proposed reclassification to Class C would remove the current drinking water supply WS-III 
classification and the requirements for the Town of Wake Forest and Franklin and Wake Counties 
to continue implementing drinking water supply ordinances for the Austin Creek watershed. In 
addition, the Division of Environmental Management would no longer prohibit new domestic 
wastewater dischargers within the area previously defined as the Critical Area and new industrial 
discharges in the Balance of the Watershed. 

The purpose of this announcement is to encourage those interested in this proposal to provide 
comments. You may either attend the public hearing and make relevant verbal comments or submit 
written comments, data or other relevant information by March 1, 1996. The Hearing Officer may 
limit the length of time that you may speak at the public hearing, if necessary, so that all those 
who wish to speak may have an opportunity to do so. We encourage you to submit written 
comments as well. 



Public Hearing: 



Location: Wake Forest Town Hall (Board Room) 

401 Elm Avenue 
Wake Forest, NC 



1835 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



$ 



Date: 
Time: 



January 30, 1996 
7:00 pm 



Comment 
Procedures: 



Authority: 



Additional 
Information: 



> 



Fiscal Note: 



It is very important that all interested and potentially affected persons or parties make their views 
known to the EMC whether in favor of or opposed to any and all provisions of the proposed water 
supply reclassification being notice. THE EMC MAY, IN ACCORDANCE WITH N.C.G.S. 150B-21.2, 
MAKE CHANGES IN FINAL RULES WITHOUT RENOTICE AS LONG AS THE ADOPTED RULES DO NOT 
DIFFER SUBSTANTIALLY FROM THE PROPOSED RULES. IN ACCORDANCE WITH WITH THIS AUTHORITY, 
THE EMC MAY ADOPT FINAL MANAGEMENT REQUIREMENTS OR RULES THAT ARE MORE OR LESS 
STRINGENT THAN THOSE BEING NOTICED IF THE EMC DETERMINES THAT THE FINAL ADOPTED 
RULES DO NOT DIFFER SUBSTANTIALLY FROM THE PROPOSED RULES. ALL INTERESTED AND 
POTENTIALLY AFFECTED PERSONS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE ANNOUNCE- 
MENT AND SUPPORTING INFORMATION, AND COMMENT ON THE PROPOSAL PRESENTED. The 
proposed effective date for final rules pursuant to this rule-making process is May 1, 1996. 
Written comments may be submitted to the person listed below. 

G.S. 143-214.1 Amendments to the Schedule of Classifications for the Neuse River Basin as 
referenced in 15 A NCAC 2B .0315. 



Further explanations and details of the proposed reclassification may be obtained by writing or 
calling: 

Steve Zoufaly 

DEHNR/Division of Environmental Management 

PO Box 29535 

Raleigh, NC 27626-0535 

(919) 733-5083, ext. 566 

This Rule does not affect the expenditures or revenues of state or local government funds. 



I 



CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF 
STREAM CLASSIFICATIONS 

.0315 NEUSE RIVER BASIN 

(a) Places where the schedule may be inspected: 
(1) Clerk of Court: 
Beaufort County 
Carteret County 
Craven County 
Durham County 
Franklin County 
Granville County 
Greene County 
Johnston County 
Jones County 
Lenoir County 
Nash County 
Orange County 



Pamlico County 
Person County 
Pitt County 
Wake County 
Wayne County 
Wilson County 
(2) North Carolina Department of Environment, 
Health, and Natural Resources: 

(A) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh, North Carolina 

(B) Washington Regional Office 
1424 Carolina Avenue 
Washington, North Carolina 

(C) Wilmington Regional Office 
127 Cardinal Drive 
Wilmington, North Carolina 

(b) The Neuse River Basin Schedule of Classification and 
Water Quality Standards was amended effective: 

(1) March 1, 1977; 

(2) December 13, 1979; 

(3) September 14, 1980; 

(4) August 9, 1981; 

(5) January 1, 1982; 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1836 



PROPOSED RULES 



(6) April 1, 1982; 

(7) December 1, 1983; 

(8) January 1, 1985; 

(9) August 1. 1985; 

(10) February 1, 1986; 

(11) May 1, 1988; 

(12) July 1, 1988; 

(13) October 1, 1988; 

(14) January 1. 1990; 

(15) August 1, 1990; 

(16) December 1, 1990; 

(17) July 1, 1991; 

(18) August 3, 1992; 

(19) April 1, 4994r 1994; 

(20) May 1, 1996. 

(c) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended 
effective July 1. 1988 as follows: 

(1) Smith Creek [Index No. 27-23-(l)] from source 
to the dam at Wake Forest Reservoir has been 
reclassified from Class WS-III to WS-I. 

(2) Little River [Index No. 27-57-(l)] from source 
to the N.C. Hwy. 97 Bridge near Zebulon 
including all tributaries has been reclassified 
from Class WS-III to WS-I. 

(3) An unnamed tributary to Buffalo Creek just 
upstream of Robertson's Pond in Wake County 
from source to Buffalo Creek including Leo's 
Pond has been reclassified from Class C to B. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended 
effective October 1, 1988 as follows: 

(1) Walnut Creek (Lake Johnson, Lake Raleigh) 
[Index No. 27-34-(l)]. Lake Johnson and Lake 
Raleigh have been reclassified from Class 
WS-III to Class WS-III & B. 

(2) Haw Creek (Camp Charles Lake) (Index No. 
27-86-3-7) from the backwaters of Camp 
Charles Lake to dam at Camp Charles Lake has 
been reclassified from Class C to Class B. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin has been amended 
effective January 1, 1990 as follows: 

(1) Neuse-Southeast Pamlico Sound ORW Area 
which includes all waters within a line beginning 
at the southwest tip of Ocracoke Island, and 
extending north west along the Tar-Pamlico 
River Basin and Neuse River Basin boundary 
line to Lat. 35 degrees 06' 30", thence in a 
southwest direction to Ship Point and all tribu- 
taries, were reclassified from Class SA NSW to 
Class SA NSW ORW. 

(2) Core Sound (Index No. 27-149) from northeast- 
ern limit of White Oak River Basin (a line from 
Hall Point to Drum Inlet) to Pamlico Sound and 
all tributaries, except Thorofare. John Day Ditch 
were reclassified from Class SA NSW to Class 



SA NSW ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
December 1, 1990 with the reclassification of the following 
waters as described in (1) through (3) of this Paragraph. 

(1) Northwest Creek from its source to the Neuse 
River (Index No. 27-105) from Class SC Sw 
NSW to Class SB Sw NSW; 

(2) Upper Broad Creek [Index No. 27-106-(7)] from 
Pamlico County SR 1 103 at Lees Landing to the 
Neuse River from Class SC Sw NSW to Class 
SB Sw NSW; and 

(3) Goose Creek [Index No. 27-107-(ll)] from 
Wood Landing to the Neuse River from Class 
SC Sw NSW to Class SB Sw NSW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
July 1, 1991 with the reclassification of the Bay River 
[Index No. 27-150-(l)] within a line running from Flea 
Point to the Hammock, east to a line running from Bell 
Point to Darby Point, including Harper Creek, Tempe Gut, 
Moore Creek and Newton Creek, and excluding that portion 
of the Bay River landward of a line running from Poorhouse 
Point to Darby Point from Classes SC Sw NSW and SC Sw 
NSW HQW to Class SA NSW. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
August 3. 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-II 
or WS-DT). These waters were reclassified to WS-I, WS-II. 
WS-III, WS-IV or WS-V as defined in the revised water 
supply protection rules, (15 A NCAC 2B .0100, .0200 and 
.0300) which became effective on August 3, 1992. In some 
cases, streams with primary classifications other than WS 
were reclassified to a WS classification due to their proxim- 
ity and linkage to water supply waters. In other cases, 
waters were reclassified from a WS classification to an 
alternate appropriate primary classification after being 
identified as downstream of a water supply intake or 
identified as not being used for water supply purposes. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
April 1. 1994 as follows: 

(1) Lake Crabtree [Index No. 27-33-(l)] was reclas- 
sified from Class C NSW to Class B NSW. 

(2) The Eno River from Orange County State Road 
1561 to Durham County State Road 1003 [Index 
No. 27-10-(16)] was reclassified from Class WS- 
IV NSW to Class WS-IV&B NSW. 

(3) Silver Lake (Index No. 27-43-5) was reclassified 
from Class WS-III NSW to Class WS-III&B 
NSW. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Neuse River Basin was amended effective 
April J^ 1996 with the reclassification of Austin Creek 
[Index Nos. 27-23-3-0) and 27-23-3-(2)1 from its source to 
Smith Creek from classes WS-III and WS-III NSW CA to 



1837 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



class C NSW. 

Statutory Authority G.S. 143-214.1; 143-215.1; 
143-2 15. 3 (a)(1). 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the DEHNR - Environmental Manage- 
ment Commission intends to amend rules cited as ISA NCAC 
2B .0216, .0224 and .0225. 

Proposed Effective Date: February 1, 1996. 

Instructions on How to Demand a Public Hearing (must 
be requested in writing within 15 days of notice): 
15 A NCAC 2B .0216 - Any person requesting that the 
Environmental Management Commission conduct a public 
hearing on this proposed amendment must submit a written 
request to Lisa Martin, Division of Environmental Manage- 
ment, Water Quality Section, PO Box 29535, Raleigh, NC 
27626-0535 by December 1, 1995. Mailed written requests 
must be postmarked no later than December 1 , 1995. 
ISA NCAC 2B .0224, .0225 - Any person may request the 
Environmental Management Commission conduct a public 
hearing on the proposed amendments by submitting a written 
request for a public hearing, postmarked no later than 
November 30, 1995, to Beth McGee, Division of Environ- 
mental Management, Water Quality Section, PO Box 29535, 
Raleigh, NC 27626-0535. The request must specify which 
rule the hearing is being requested on. 

Reason for Proposed Action: 

15A NCAC 2B .0216 - Inadvertent deletion of text during 
rule recodification process. 

ISA NCAC 2B .0224, .0225 - To delete duplicative and 
conflicting portions of the water quality standards rules that 
deal with stormwater management requirements of ORW and 
HQW areas. These requirements were moved to 15 A NCAC 
2H . 1000 and became effective September 1 , 1995 as part 
of a rule-making process to consolidate stormwater require- 
ments. No additional changes other than deleting duplica- 
tive portions are part of this requested action and no new 
rules, standards or requirements of any type would result. 

Comment Procedures: 

ISA NCAC 2B .0216 - Any persons interested in this 
proposed amendment is encouraged to submit written 
comments. Comments must be postmarked by December 15, 
1995 and submitted to Lisa Martin, Division of Environmen- 
tal Management, Water Quality Section, PO Box 29535, 
Raleigh, NC 27626-0535. 

ISA NCAC 2B .0224, .0225 - All persons interested in these 
proposed amendments are encouraged to submit written 
comments. Comments must be postmarked by December 15, 
1995, and submitted to Beth McGee, Division of Environ- 
mental Management, Water Quality Section, PO Box 29535, 



Raleigh, NC 27626-0535. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0200 - CLASSIFICATIONS AND WATER 

QUALITY STANDARDS APPLICABLE 

TO SURFACE WATERS OF NORTH CAROLINA 

.0216 FRESH SURFACE WATER 

QUALITY STANDARDS FOR 
WS-IV WATERS 

The following water quality standards apply to surface 
water supply waters that are classified WS-IV. Water 
quality standards applicable to Class C waters as describe in 
Rule .0211 of this Section also apply to Class WS-IV 
waters. 

(1) Best Usage of Waters. Source of water supply for 
drinking, culinary, or food-processing purposes 
for those users where a more protective WS-I, 
WS-II or WS-ITJ classification is not feasible and 
any other best usage specified for Class C waters. 

(2) Conditions Related to Best Usage. Waters of this 
class are protected as water supplies which are 
generally in moderately to highly developed 
watersheds or protected areas and meet average 
watershed development density levels as specified 
in Sub-Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) 
and (3)(b)(ii)(B) of this Rule; discharges which 
qualify for a General Permit pursuant to 15A 
NCAC 2H .0127, trout farm discharges, recycle 
(closed loop) systems that only discharge in 
response to 10-year storm events, other storm- 
water discharges and domestic wastewater dis- 
charges are allowed in the protected and critical 
areas; treated industrial wastewater discharges are 
allowed in the protected and critical areas; how- 
ever, new industrial wastewater discharges in the 
critical area are required to meet the provisions of 
15A NCAC 2B .0201(d)(l)(B)(iv), (v) and (vii), 
and 15 A NCAC 2B .0203; new industrial connec- 
tions and expansions to existing municipal dis- 
charges with a pretreatment program pursuant to 
15A NCAC 2H .0904 are allowed; the waters, 
following treatment required by the Division of 
Environmental Health, shall meet the Maximum 
Contaminant Level concentrations considered safe 
for drinking, culinary, or food-processing pur- 
poses which are specified in the national drinking 
water regulations and in the North Carolina Rules 
Governing Public Water Supplies, 15 A NCAC 
18C .1500; sources of water pollution which 
preclude any of these uses on either a short-term 
or long-term basis will be considered to be violat- 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1838 



PROPOSED RULES 



ing a water quality standard, standard; the Class 
WS-II or WS-III classifications may be used to 
protect portions of Class WS-IV water supplies. 
For reclassifications of these portions of WS-IV 
water supplies occurring after the July J^ 1992 
statewide reclassification, the more protective 
classification requested by local governments shall 
be considered by the Commission when all local 
governments having jurisdiction in the affected 
area(s) have adopted a resolution and the appropri- 
ate ordinances to protect the watershed or the 
Commission acts to protect a watershed when one 
or more local governments has failed to adopt 
necessary protection measures. 
(3) Quality Standards Applicable to Class WS-IV 
Waters: 

(a) Sewage, industrial wastes, non-process industrial 
wastes, or other wastes: none except for those 
specified in Item (2) of this Rule and Rule .0104 
of this Subchapter; and none which shall have an 
adverse effect on human health or which are not 
effectively treated to the satisfaction of the 
Commission and in accordance with the require- 
ments of the Division of Environmental Health, 
North Carolina Department of Environment, 
Health, and Natural Resources; any discharges 
or industrial users subject to pretreatment stan- 
dards may be required by the Commission to 
disclose all chemical constituents present or 
potentially present in their wastes and chemicals 
which could be spilled or be present in runoff 
from their facility which may have an adverse 
impact on downstream water supplies; these 
facilities may be required to have spill and 
treatment failure control plans as well as per- 
form special monitoring for toxic substances; 

(b) Nonpoint Source and Stormwater Pollution: 
none that would adversely impact the waters for 
use as water supply or any other designated use; 

(i) Nonpoint Source and Stormwater Pollution 
Control Criteria For Entire Watershed or 
Protected Area: 
(A) Low Density Option: Development activi- 
ties which require a Sedimentation/Erosion 
Control Plan in accordance with 15A 
NCAC 4 established by the North Carolina 
Sedimentation Control Commission or 
approved local government programs as 
delegated by the Sedimentation Control 
Commission must be limited to no more 
than either: two dwelling units of single 
family detached development per acre (or 
20,000 square foot lot excluding roadway 
right-of-way) or 24 percent built-upon on 
area for all other residential and 
non-residential development; or three 
dwelling units per acre or 36 percent 



built-upon area for projects without curb 
and gutter street systems in the protected 
area outside of the critical area; Storm- 
water runoff from the development shall 
be transported by vegetated conveyances to 
the maximum extent practicable; 

(B) High Density Option: If new development 
activities which require a Sedimenta- 
tion/Erosion Control Plan exceed the low 
density requirements of Sub-Item 
(3)(b)(i)(A) of this Rule then development 
must control the runoff from the first inch 
of rainfall; new residential and 
non-residential development shall not 
exceed 70 percent built-upon area; 

(C) Land within the critical and protected area 
shall be deemed compliant with the density 
requirements if the following condition is 
met: The density of all existing develop- 
ment at the time of reclassification does 
not exceed the density requirement when 
densities are averaged throughout the 
entire area; 

(D) Cluster development is allowed on a pro- 
ject-by-project basis as follows: 

(I) overall density of the project meets 
associated density or stormwater con- 
trol requirements of this Section; 
(II) buffers meet the minimum statewide 
water supply watershed protection 
requirements; 

(HI) built-upon areas are designed and lo- 
cated to minimize stormwater runoff 
impact to the receiving waters, mini- 
mize concentrated stormwater flow, 
maximize the use of sheet flow through 
vegetated areas; and maximize the flow 
length through vegetated areas; 

(IV) areas of concentrated development are 
located in upland areas and away, to 
the maximum extent practicable, from 
surface waters and drainageways; 

(V) remainder of tract to remain in vege- 
tated or natural state; 

(VI) area in the vegetated or natural state 
may be conveyed to a property owners 
association; a local government for 
preservation as a park or greenway; a 
conservation organization; or placed in 
a permanent conservation or farmland 
preservation easement; 
(VH) a maintenance agreement for the vege- 
tated or natural area shall be filed with 
the Register of Deeds; and 
(Vm) cluster development that meets the 
applicable low density option require- 
ments shall transport stormwater runoff 



1839 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



I 



> 



I 



from the development by vegetated 
conveyances to the maximum extent 
practicable; 

(E) If local governments choose the high 
density development option which requires 
engineered stormwater controls, then they 
shall assume ultimate responsibility for 
operation and maintenance of the required 
controls as outlined in Rule .0104 of this 
Subchapter; 

(F) Minimum 100 foot vegetative buffer is 
required for all new development activities 
that exceed the low density option require- 
ments as specified in Sub-Item (3)(b)(i)(A) 
or Sub-Item (3)(b)(ii)(A) of this Rule, 
otherwise a minimum 30 foot vegetative 
buffer for development is required along 
all perennial waters indicated on the most 
recent versions of U.S.G.S. 1:24,000(7.5 
minute) scale topographic maps or as 
determined by local government studies; 
nothing in this Section shall stand as a bar 
to desirable artificial streambank shoreline 
stabilization; 

(G) No new development is allowed in the 
buffer; water dependent structures, or 
other structures, such as flag poles, signs 
and security lights, which result in only 
diminimus increases in impervious area 
and public projects such as road crossings 
and greenways may be allowed where no 
practicable alternative exists; these activi- 
ties shall minimize built-upon surface area, 
divert runoff away from surface waters 
and maximize the utilization of BMPs; 

(H) For local governments that do not use the 
high density option, a maximum of 10 
percent of each jurisdiction's portion of 
the watershed outside of the critical area 
as delineated on July 1, 1995 may be 
developed with new development projects 
and expansions of existing development of 
up to 70 percent built-upon surface area in 
addition to the new development approved 
in compliance with the appropriate require- 
ments of Sub-Item (3)(b)(i)(A) of this 
Rule. For expansions to existing develop- 
ment, the existing built-upon surface area 
is not counted toward the allowed 70 
percent built-upon surface area. A local 
government having jurisdiction within the 
watershed may transfer, in whole or in 
part, its right to the 10 percent/70 percent 
land area to another local government 
within the watershed upon submittal of a 
joint resolution for review by the Commis- 
sion. When the designated water supply 



watershed area is composed of public land, 
such as National Forest land, local govern- 
ments may count the public land acreage 
within the designated watershed area out- 
side of the critical area in figuring the 
acreage allowed under this provision. 
Each project must, to the maximum extent 
practicable, minimize built-upon surface 
area, direct stormwater runoff away from 
surface waters and incorporate best man- 
agement practices to minimize water qual- 
ity impacts; 
(ii) Critical Area Nonpoint Source and Stormwater 
Pollution Control Criteria: 

(A) Low Density Option: New development 
activities which require a Sedimenta- 
tion/Erosion Control Plan in accordance 
with 15A NCAC 4 established by the 
North Carolina Sedimentation Control 
Commission or approved local government 
programs as delegated by the Sedimenta- 
tion Control Commission must be limited 
to no more than two dwelling units of 
single family detached development per 
acre (or 20,000 square foot lot excluding 
roadway right-of-way) or 24 percent 
built-upon area for all other residential and 
non-residential development; Stormwater 
runoff from the development shall be 
transported by vegetated conveyances to 
the maximum extent practicable; 

(B) High Density Option: If new development 
density exceeds the low density require- 
ments specified in Sub-Item (3)(b)(ii)(A) 
of this Rule engineered stormwater con- 
trols must be used to control runoff from 
the first inch of rainfall; new residential 
and non-residential development shall not 
exceed 50 percent built-upon area; 

(C) No new permitted sites for land application 
of residuals or petroleum contaminated 
soils are allowed; 

(D) No new landfills are allowed; 

(c) Odor producing substances contained in sewage, 
industrial wastes, or other wastes: only such 
amounts, whether alone or in combination with 
other substances or waste, as will not cause taste 
and odor difficulties in water supplies which can 
not be corrected by treatment, impair the palat- 
ability of fish, or have a deleterious effect upon 
any best usage established for waters of this 
class; 

(d) Phenolic compounds: not greater than 1.0 ug/1 
(phenols) to protect water supplies from taste 
and odor problems due to chlorinated phenols; 
specific phenolic compounds may be given a 
different limit if it is demonstrated not to cause 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1840 



PROPOSED RULES 



taste and odor problems and not to be detrimen- 
tal to other best usage; 

(e) Total hardness: not greater than 100 mg/1 as 
calcium carbonate; 

(f) Total dissolved solids: not greater than 500 
mg/1; 

(g) Toxic and other deleterious substances: 

(i) Water quality standards (maximum permissible 
concentrations) to protect human health 
through water consumption and fish tissue 
consumption for non-carcinogens in Class 
WS-IV waters: 

(A) Barium: 1.0 mg/1; 

(B) Chloride: 250 mg/1; 

(C) Manganese: 200 ug/1; 

(D) Nickel: 25 ug/1; 

(E) Nitrate nitrogen: 10.0 mg/1; 

(F) 2,4-D: 100 ug/1; 

(G) 2,4,5-TP (Silvex): 10 ug/1; 
(H) Sulfates: 250 mg/1; 

(ii) Water quality standards (maximum permissible 
concentrations) to protect human health 
through water consumption and fish tissue 
consumption for carcinogens in Class WSTV 
waters: 

(A) Beryllium: 6.8 ng/1; 

(B) Benzene: 1.19 ug/1; 

(C) Carbon tetrachloride: 0.254 ug/1; 

(D) Chlorinated benzenes: 488 ug/1; 

(E) Dioxin: 0.000013 ng/1; 

(F) HexachJorobutadiene: 0.445 ug/1; 

(G) Polynuclear aromatic hydrocarbons: 2.8 
ng/1; 

(H) Tetrachloroethane (1,1,2,2): 0.172 ug/1; 

(I) Tetrachloroethylene: 0.8 ug/1; 

(J) Trichloroethylene: 3.08 ug/1; 
(K) Vinyl Chloride: 2 ug/1; 
(L) Aldrin: 0.127 ng/1; 
(M) Chlordane: 0.575 ng/1; 
(N) DDT: 0.588 ng/1; 
(O) Dieldrin: 0.135 ng/1; 
(P) Heptachlor: 0.208 ng/1. 

Statutory Authority G.S. 143-214.1; 143-215. 3(a)(1). 

.0224 HIGH QUALITY WATERS 

High Quality Waters (HQW) are a subset of waters with 

quality higher than the standards and are as described by 

15A NCAC 2B .0101(e)(5). The following procedures shall 

be implemented in order to implement the requirements of 

Rule .0201(d) of this Section. 

(1) New or expanded wastewater discharges in High 

Quality Waters shall comply with the following: 

(a) Discharges from new single family residences 

shall be prohibited. Those existing subsurface 

systems for single family residences which fail 

and must discharge shall install a septic tank, 



dual or recirculating sand filters, disinfection 

and step aeration, 
(b) All new NPDES wastewater discharges (except 

single family residences) shall be required to 

provide the treatment described below: 
(i) Oxygen Consuming Wastes: Effluent limita- 
tions shall be as follows: BOD 5 = 5 mg/1, 
NH 3 -N = 2 mg/1 and DO = 6 mg/1. More 
stringent limitations shall be set, if necessary, 
to ensure that the cumulative pollutant dis- 
charge of oxygen-consuming wastes shall not 
cause the DO of the receiving water to drop 
more than 0.5 mg/1 below background levels, 
and in no case below the standard. Where 
background information is not readily avail- 
able, evaluations shall assume a percent satura- 
tion determined by staff to be generally appli- 
cable to that hydroenvironment. 
(ii) Total Suspended Solids: Discharges of total 
suspended solids (TSS) shall be limited to 
effluent concentrations of 10 mg/1 for trout 
waters and PNA's, and to 20 mg/1 for all other 
High Quality Waters, 
(iii) Disinfection: Alternative methods to chlorina- 
tion shall be required for discharges to trout 
streams, except that single family residences 
may use chlorination if other options are not 
economically feasible. Domestic discharges 
are prohibited to SA waters, 
(iv) Emergency Requirements: Failsafe treatment 
designs shall be employed, including stand-by 
power capability for entire treatment works, 
dual train design for all treatment components, 
or equivalent failsafe treatment designs, 
(v) Volume: The total volume of treated 
wastewater for all discharges combined shall 
not exceed 50 percent of the total instream 
flow under 7Q10 conditions, 
(vi) Nutrients: Where nutrient overenrichment is 
projected to be a concern, appropriate effluent 
limitations shall be set for phosphorus or 
nitrogen, or both, 
(vii) Toxic substances: In cases where complex 
wastes (those containing or potentially contain- 
ing toxicants) may be present in a discharge, a 
safety factor shall be applied to any chemical 
or whole effluent toxicity allocation. The limit 
for a specific chemical constituent shall be 
allocated at one-half of the normal standard at 
design conditions. Whole effluent toxicity 
shall be allocated to protect for chronic toxicity 
at an effluent concentration equal to twice that 
which is acceptable under design conditions. 
In all instances there may be no acute toxicity 
in an effluent concentration of Ammonia 
toxicity shall be evaluated according to EPA 
guidelines promulgated in "Ambient Water 



1841 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



I 



(c) 



(2) 



> 



> 



Quality Criteria for Ammonia - 1984"; EPA 
document number 440/5-85-001; NTIS number 
PB85-227114; July 29, 1985 (50 FR 30784) or 
"Ambient Water Quality Criteria for Ammonia 
(Saltwater) - 1989"; EPA document number 
440/5-88-004; NTIS number PB89-169825. 
This material related to ammonia toxicity is 
hereby incorporated by reference including any 
subsequent amendments and editions and is 
available for inspection at the Department of 
Environment, Health, and Natural Resources 
Library, 512 North Salisbury Street, Raleigh, 
North Carolina. Copies may be obtained from 
the National Technical Information Service, 
5285 Port Royal Road, Springfield, Virginia 
22161 at a cost of forty-seven dollars ($47.00). 
All expanded NPDES wastewater discharges in 
High Quality Waters shall be required to provide 
the treatment described in Sub-Item (l)(b) of this 
Rule, except for those existing discharges which 
expand with no increase in permitted pollutant 
loading. 
Development activities which require an Erosion 
and Sedimentation Control Plan in accordance 
with rules established by the NC Sedimentation 
Control Commission or local erosion and sedimen- 
tation control program approved in accordance 
with 15A NCAC 4B .0218, and which drain to 
and are within one mile of High Quality Waters 
(HQW) shall be required to oontrol runoff from 
the one inoh d e sign atorm as follows: follow the 
stormwater management rules as specified in 15A 
NCAC 2H .1000. Stormwater management 
requirements specific to HQW are described in 
15A NCAC 2H .1006. 

(a} Low Density Option: — Developments which limit 

single family developments to one aero lots and 
oth e r typ e d e v e lopments to 12 p e ro e nt built upon 
area, have no stormwat e r ooll e otion system ao 
defined in 15A NCAC 2H .1002(13), and have 
built upon areas at least 30 foot from surface 
wat e rs shall b e d ee m e d to oomply with this 
r e quir e m e nt, unl e ss it is determined that addi 
tional runoff control measures are required to 
protect the water quality of High Quality Wators 
n e o e ssary to maintain e xisting and anticipated 
uses of those wat e rs, in whioh oaso more strin 
gout stormwater runoff control measures may bo 
required on a case by case basis. — Activities 
oonforming to th e r e quirem e nts d e scrib e d in 15 A 
NCAC 2H . 1003(a) [oxoept for Subparagraphs 
(2) and (3) whioh apply only to wators within 
tho 20 coastal counties as defined in 15A NCAC 
2H .1002(9)] shall also be deemed to oomply 
with this requirement, e xo e pt as provid e d in th e 
preceding sentence. 
High Density Option: — Higher density develop 



(e)- 



monts ghall bo allowed if s tormwator control 
syst e ms utilizing w e t det e ntion ponds as do 
eorib e d in 15A NCAC 2H .1003(i), (k) and (1) 
are installed, operated and maintained which 
control tho runoff from all built upon aroas 
g e n e rat e d from on e inoh of rainfall, unless it is 
d e t e rmin e d that additional runoff oontrol moa 
suros arc required to protect tho water quality of 
High Quality Wators necessary — to maintain 
e xisting and anticipat e d uses of thos e wat e rs, in 
whioh oas e mor e string e nt stormwator runoff 
control — measure s — may — be — required — en — a 
case by caso basis. — Tho size of the control 
system must tak e into aooount th e runoff from 
any p e rvious surfao e s draining to tho system. 
All wators classified WS I or WS II and all 



&- 



wators located in tho 20 coastal counties as 

d e fin e d in Rule 15A NCAC 2H . 1002(9) aro 

e xoludod — from — this — r e quir e m e nt — sino e — they 

already have requirements for nonpoint s ource 

controls. 

If an applicant objects to the requirements to protect high 

quality waters and believes degradation is necessary to 

accommodate important social and economic development, 

the applicant can contest these requirements according to the 

provisions of G.S. 143-215. 1(e) and 150B-23. 

Statutory Authority G.S. 143-214.1; 143-215.1; 
143-215. 3(a)(1). 

.0225 OUTSTANDING RESOURCE WATERS 

(a) General. In addition to the existing classifications, the 
Commission may classify certain unique and special surface 
waters of the state as outstanding resource waters (ORW) 
upon finding that such waters are of exceptional state or 
national recreational or ecological significance and that the 
waters have exceptional water quality while meeting the 
following conditions: 

(1) there are no significant impacts from pollution 
with the water quality rated as excellent based 
on physical, chemical or biological information; 

(2) the characteristics which make these waters 
unique and special may not be protected by the 
assigned narrative and numerical water quality 
standards. 

(b) Outstanding Resource Values. In order to be classi- 
fied as ORW, a water body must exhibit one or more of the 
following values or uses to demonstrate it is of exceptional 
state or national recreational or ecological significance: 

(1) there are outstanding fish (or commercially 
important aquatic species) habitat and fisheries; 

(2) there is an unusually high level of water-based 
recreation or the potential for such recreation; 

(3) the waters have already received some special 
designation such as a North Carolina or National 
Wild and Scenic River, Native or Special Native 
Trout Waters, National Wildlife Refuge, etc, 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1842 



PROPOSED RULES 



which do not provide any water quality protec- 
tion; 

(4) the waters represent an important component of 
a state or national park or forest; or 

(5) the waters are of special ecological or scientific 
significance such as habitat for rare or endan- 
gered species or as areas for research and educa- 
tion. 

(c) Quality Standards for ORW. 
(1) Freshwater: Water quality conditions shall 
clearly maintain and protect the outstanding 
resource values of waters classified ORW. 
Management strategies to protect resource values 
shall be developed on a site specific basis during 
the proceedings to classify waters as ORW. At 
a minimum, no new discharges or expansions of 
existing discharges shall be permitted, and 
stormwater controls for all new development 
activities requiring an Erosion and Sedimentation 
Control Plan in accordance with rules estab- 
lished by the NC Sedimentation Control Com- 
mission or an appropriate local erosion and 
sedimentation control program shall be required 
to control gtormwator runoff as follows: follow 
the stormwater provisions as specified in 15A 
NCAC 2H .1000. Specific stormwater require- 
ments for ORW areas are described in 15A 
NCAC 2H .1007. 
fA) — Low Density Option; — Dovolopmonta which 
limit- singl e family dev e lopm e nts to on e aor e 
loto and oth e r type dev e lopm e nts to 1 2 p e ro e nt 
built upon area, have no stormwater collection 
system — as — defined — m — \&A — NCAC — 244 
.1002(13), and hav e built upon ar e ao at l e ast 
30 fe e t from ourfao e water ar e as shall b e 
doomed — to comply with this requirement, 
unless it is determined that additional runoff 
control measures ar e r e quir e d to prot e ot th e 
water quality of Outstanding Resouro e Wat e rs 
necessary to maintain existing and anticipat e d 
uses of those waters, — in which case such 
additional stormwat e r runoff oontrol m e asur e s 
may b e r e quir e d on a oaso by oas e basis. 
(R) — High Density Development: — Higher density 
developments 9hall bo allowed if stormwater 
oontrol systems utilizing w e t detention ponds 
as d e scribed in 15A NCAC 2H .1003(i), (k) 
and (1) are installed, operated and maintained 
which control the runoff from all built upon 
ar e as g e neratod from on e inoh of rainfall, 
unl e ss it is d e t e rmined that additional runoff 
control measures are required to protect the 
water quality of Outstanding Resource Waters 
necessary to maintain e xisting and anticipat e d 
us e s of those wators, — in whioh oas e suoh 
additional stormwater runoff control measures 
may bo required on a case by oaoo basis. — The 



size of the control system must take into 
aooount the runoff from any pervious surfaooo 
dra ining to th e system. 
(2) Saltwater: Water quality conditions shall clearly 
maintain and protect the outstanding resource 
values of waters classified ORW. Management 
strategies to protect resource values shall be 
developed on a site-specific basis during the 
proceedings to classify waters as ORW. At a 
minimum, new development shall comply with 
the low d e nsity options as sp e cifi e d — in th e 
Stormwater Runoff Disposal rules [15A NCAC 
2H .1003 (a)(2)] within 575 foot of the moan 
high water lino of the d e signated ORW area. 
stormwater provisions as specified in 15A 
NCAC 2H .1000. Specific stormwater manage- 
ment requirements for saltwater ORWs are 
described in 15A NCAC 2H .1007(a). New 
non-discharge permits shall be required to meet 
reduced loading rates and increased buffer 
zones, to be determined on a case-by-case basis. 
No dredge or fill activities shall be allowed 
where significant shellfish or submerged aquatic 
vegetation bed resources occur, except for 
maintenance dredging, such as that required to 
maintain access to existing channels and facilities 
located within the designated areas or mainte- 
nance dredging for activities such as agriculture. 
A public hearing is mandatory for any proposed 
permits to discharge to waters classified as 
ORW. 
Additional actions to protect resource values shall be 
considered on a site specific basis during the proceedings 
to classify waters as ORW and shall be specified in Para- 
graph (e) of this Rule. These actions may include anything 
within the powers of the commission. The commission shall 
also consider local actions which have been taken to protect 
a water body in determining the appropriate state protection 
options. Descriptions of boundaries of waters classified as 
ORW are included in Paragraph (e) of this Rule and in the 
Schedule of Classifications (15A NCAC 2B .0302 through 
.0317) as specified for the appropriate river basin and shall 
also be described on maps maintained by the Division of 
Environmental Management. 

(d) Petition Process. Any person may petition the 
Commission to classify a surface water of the state as an 
ORW. The petition shall identify the exceptional resource 
value to be protected, address how the water body meets the 
general criteria in Paragraph (a) of this Rule, and the 
suggested actions to protect the resource values. The 
Commission may request additional supporting information 
from the petitioner. The Commission or its designee shall 
initiate public proceedings to classify waters as ORW or 
shall inform the petitioner that the waters do not meet the 
criteria for ORW with an explanation of the basis for this 
decision. The petition shall be sent to: 
Director 



1843 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



DEHNR/Division of Environmental Management 
P.O. Box 29535 
Raleigh, North Carolina 27626-0535 
The envelope containing the petition shall clearly bear the 
notation: RULE-MAKING PETITION FOR ORW CLASSI- 
FICATION. 

(e) Listing of Waters Classified ORW with Specific 
Actions. Waters classified as ORW with specific actions to 
protect exceptional resource values are listed as follows: 

(1) Roosevelt Natural Area [White Oak River Basin, 
Index Nos. 20-36-9.5-(l) and 20-36-9.5-(2)] 
including all fresh and saline waters within the 
property boundaries of the natural area shall 
have only new development which complies with 
the low density option in the stormwater rules as 
specified in 15A NCAC 2H .1003(a)(2) within 
575 feet of the Roosevelt Natural Area (if the 
development site naturally drains to the Roose- 
velt Natural Area). 

(2) Chattooga River ORW Area (Little Tennessee 
River Basin and Savannah River Drainage 
Area): the following undesignated waterbodies 
that are tributary to ORW designated segments 
shall comply with Paragraph (c) of this Rule in 
order to protect the designated waters as per 
Rule .0203 of this Section. However, expan- 
sions of existing discharges to these segments 
shall be allowed if there is no increase in pollut- 
ant loading: 

(A) North and South Fowler Creeks, 

(B) Green and Norton Mill Creeks, 

(C) Cane Creek, 

(D) Ammons Branch, 

(E) Glade Creek, and 

(F) Associated tributaries. 

(3) Henry Fork ORW Area (Catawba River Basin): 
the following undesignated waterbodies that are 
tributary to ORW designated segments shall 
comply with Paragraph (c) of this Rule in order 
to protect the designated waters as per Rule 
.0203 of this Section: 

(A) Ivy Creek, 

(B) Rock Creek, and 

(C) Associated tributaries. 

(4) South Fork New and New Rivers ORW Area 
[New River Basin (Index Nos. 10-1-33.5 and 
10)]: the following management strategies, in 
addition to the discharge requirements specified 
in Subparagraph (c)(1) of this Rule, shall be 
applied to protect the designated ORW areas: 

(A) Stormwater controls described in Subparagraph 
(c)(1) of this Rule shall apply within one mile 
and draining to the designated ORW areas; 

(B) New or expanded NPDES permitted 
wastewater discharges located upstream of the 
designated ORW shall be permitted such that 
the following water quality standards are 



maintained in the ORW segment: 
(i) the total volume of treated wastewater for 
all upstream discharges combined shall not 
exceed 50 percent of the total instream 
flow in the designated ORW under 7Q10 
conditions; 
(ii) a safety factor shall be applied to any 
chemical allocation such that the effluent 
limitation for a specific chemical constitu- 
ent shall be the more stringent of either 
the limitation allocated under design condi- 
tions (pursuant to 15A NCAC 2B .0206) 
for the normal standard at the point of 
discharge, or the limitation allocated under 
design conditions for one-half the normal 
standard at the upstream border of the 
ORW segment; 
(iii) a safety factor shall be applied to any 
discharge of complex wastewater (those 
containing or potentially containing toxi- 
cants) to protect for chronic toxicity in the 
ORW segment by setting the whole efflu- 
ent toxicity limitation at the higher (more 
stringent) percentage effluent determined 
under design conditions (pursuant to 15A 
NCAC 2B .0206) for either the instream 
effluent concentration at the point of dis- 
charge or twice the effluent concentration 
calculated as if the discharge were at the 
upstream border of the ORW segment; 
(C) New or expanded NPDES permitted 
wastewater discharges located upstream of the 
designated ORW shall comply with the follow- 
ing: 
(i) Oxygen Consuming Wastes: Effluent 
limitations shall be as follows: BOD = 5 
mg/1, and NH3-N = 2 mg/1; 
(ii) Total Suspended Solids: Discharges of 
total suspended solids (TSS) shall be lim- 
ited to effluent concentrations of 10 mg/1 
for trout waters and to 20 mg/1 for all 
other waters; 
(iii) Emergency Requirements: Failsafe treat- 
ment designs shall be employed, including 
stand-by power capability for entire treat- 
ment works, dual train design for all treat- 
ment components, or equivalent failsafe 
treatment designs; 
(iv) Nutrients: Where nutrient overenrichment 
is projected to be a concern, appropriate 
effluent limitations shall be set for phos- 
phorus or nitrogen, or both. 
(5) Old Field Creek (New River Basin): the 
undesignated portion of Old Field Creek (from 
its source to Call Creek) shall comply with 
Paragraph (c) of this Rule in order to protect the 
designated waters as per Rule .0203 of this 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1844 



PROPOSED RULES 



Section. 

(6) In the following designated waterbodies, no 
additional restrictions shall be placed on new or 
expanded marinas. The only new or expanded 
NPDES permitted discharges that shall be al- 
lowed shall be non-domestic, non-process indus- 
trial discharges. The Alligator River Area 
(Pasquotank River Basin) extending from the 
source of the Alligator River to the U.S. High- 
way 64 bridge including New Lake Fork, North 
West Fork Alligator River, Juniper Creek, 
Southwest Fork Alligator River, Scouts Bay, 
Gum Neck Creek, Georgia Bay, Winn Bay, 
Stumpy Creek Bay, Stumpy Creek, Swann 
Creek (Swann Creek Lake), Whipping Creek 
(Whipping Creek Lake), Grapevine Bay, Rattle- 
snake Bay, The Straits, The Frying Pan, Coo- 
pers Creek, Babbitt Bay, Goose Creek, Milltail 
Creek, Boat Bay, Sandy Ridge Gut (Sawyer 
Lake) and Second Creek, but excluding the 
Intracoastal Waterway (Pungo River-Alligator 
River Canal) and all other tributary streams and 
canals. 

(7) In the following designated waterbodies, the 
only type of new or expanded marina that shall 
be allowed shall be those marinas located in 
upland basin areas, or those with less than 30 
slips, having no boats over 2 1 feet in length and 
no boats with heads. The only new or expanded 
NPDES permitted discharges that shall be al- 
lowed shall be non-domestic, non-process indus- 
trial discharges. 

(A) The Northeast Swanquarter Bay Area including 
all waters northeast of a line from a point at 
Lat. 35° 23' 51" and Long. 76° 21' 02" 
thence southeast along the Swanquarter Na- 
tional Wildlife Refuge hunting closure bound- 
ary (as defined by the 1935 Presidential Proc- 
lamation) to Drum Point. 

(B) The Neuse-Southeast Pamlico Sound Area 
(Southeast Pamlico Sound Section of the 
Southeast Pamlico, Core and Back Sound 
Area); (Neuse River Basin) including all 
waters within an area defined by a line extend- 
ing from the southern shore of Ocracoke Inlet 
northwest to the Tar-Pamlico River and Neuse 
River basin boundary, then southwest to Ship 
Point. 

(C) The Core Sound Section of the Southeast 
Pamlico, Core and Back Sound Area (White 
Oak River Basin), including all waters of Core 
Sound and its tributaries, but excluding Nelson 
Bay, Little Port Branch and Atlantic Harbor at 
its mouth, and those tributaries of Jarrett Bay 
that are closed to shellfishing. 

(D) The Western Bogue Sound Section of the 
Western Bogue Sound and Bear Island Area 



(White Oak River Basin) including all waters 
within an area defined by a line from Bogue 
Inlet to the mainland at SR 1117 to a line 
across Bogue Sound from the southwest side of 
Gales Creek to Rock Point, including Taylor 
Bay and the Intracoastal Waterway. 

(E) The Stump Sound Area (Cape Fear River 
Basin) including all waters of Stump Sound 
and Alligator Bay from marker Number 17 to 
the western end of Permuda Island, but ex- 
cluding Rogers Bay, the Kings Creek Re- 
stricted Area and Mill Creek. 

(F) The Topsail Sound and Middle Sound Area 
(Cape Fear River Basin) including all estuarine 
waters from New Topsail Inlet to Mason Inlet, 
including the Intracoastal Waterway and Howe 
Creek, but excluding Pages Creek and Futch 
Creek. 

(8) In the following designated waterbodies, no new 
or expanded NPDES permitted discharges and 
only new or expanded marinas with less than 30 
slips, having no boats over 21 feet in length and 
no boats with heads shall be allowed. 

(A) The Swanquarter Bay and Juniper Bay Area 
(Tar-Pamlico River Basin) including all waters 
within a line beginning at Juniper Bay Point 
and running south and then west below Great 
Island, then northwest to Shell Point and 
including Shell Bay, Swanquarter and Juniper 
Bays and their tributaries, but excluding all 
waters northeast of a line from a point at Lat. 
35° 23' 51" and Long. 76° 21' 02" thence 
southeast along the Swanquarter National 
Wildlife Refuge hunting closure boundary (as 
defined by the 1935 Presidential Proclamation) 
to Drum Point and also excluding the Blowout 
Canal, Hydeland Canal, Juniper Canal and 
Quarter Canal. 

(B) The Back Sound Section of the Southeast 
Pamlico, Core and Back Sound Area (White 
Oak River Basin) including that area of Back 
Sound extending from Core Sound west along 
Shackleford Banks, then north to the western 
most point of Middle Marshes and along the 
northwest shore of Middle Marshes (to include 
all of Middle Marshes), then west to Rush 
Point on Harker's Island, and along the south- 
ern shore of Harker's Island back to Core 
Sound. 

(C) The Bear Island Section of the Western Bogue 
Sound and Bear Island Area (White Oak River 
Basin) including all waters within an area 
defined by a line from the western most point 
on Bear Island to the northeast mouth of Goose 
Creek on the mainland, east to the southwest 
mouth of Queen Creek, then south to green 
marker No. 49, then northeast to the northern 



1845 



NORTH CAROLINA REGISTER 



November 15, 1995 10:16B 



PROPOSED RULES 



most point on Huggins Island, then southeast 
along the shoreline of Huggins Island to the 
southeastern most point of Huggins Island, 
then south to the northeastern most point on 
Dudley Island, then southwest along the shore- 
line of Dudley Island to the eastern tip of Bear 
Island. 
(D) The Masonboro Sound Area (Cape Fear River 
Basin) including all waters between the Barrier 
Islands and the mainland from Carolina Beach 
Inlet to Masonboro Inlet. 
(9) Black and South Rivers ORW Area (Cape Fear 
River Basin) [Index Nos. 18-68-(0.5), 
18-68-(3.5), 18-68-(11.5), 18-68-12-(0.5), 
18-68-12-(11.5), and 18-68-2]: the following 
management strategies, in addition to the dis- 
charge requirements specified in Subparagraph 
(c)(1) of this Rule, shall be applied to protect the 
designated ORW areas: 

(A) Stormwater controls described in Subparagraph 
(c)(1) of this Rule shall apply within one mile 
and draining to the designated ORW areas; 

(B) New or expanded NPDES permitted 
wastewater discharges located one mile up- 
stream of the stream segments designated 
ORW (upstream on the designated mainstem 
and upstream into direct tributaries to the 
designated mainstem) shall comply with the 
following discharge restrictions: 

(i) Oxygen Consuming Wastes: Effluent 
limitations shall be as follows: BOD = 5 
mg/1 and NH3-N = 2 mg/1; 

(ii) Total Suspended Solids: Discharges of 
total suspended solids (TSS) shall be lim- 
ited to effluent concentrations of 20 mg/1; 

(iii) Emergency Requirements: Failsafe treat- 
ment designs shall be employed, including 
stand-by power capability for entire treat- 
ment works, dual train design for all treat- 
ment components, or equivalent failsafe 
treatment designs; 

(iv) Nutrients: Where nutrient overenrichment 
is projected to be a concern, appropriate 
effluent limitations shall be set for phos- 
phorus or nitrogen, or both, 
(v) Toxic substances: In cases where complex 
discharges (those containing or potentially 
containing toxicants) may be currently 
present in the discharge, a safety factor 
shall be applied to any chemical or whole 
effluent toxicity allocation. The limit for 
a specific chemical constituent shall be 
allocated at one-half of the normal stan- 
dard at design conditions. Whole effluent 
toxicity shall be allocated to protect for 
chronic toxicity at an effluent concentra- 
tion equal to twice that which is acceptable 



under flow design criteria (pursuant to 
15A NCAC 2B .0206). 

Statutory Authority G.S. 143-214.1. 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21. 2 that the EHNR/Environmental Management 
Commission intends to amend rule cited as 15 A NCAC 2B 
. 0304. Text shown in italics has been adopted by the EMC 
and is pending approval by the Rules Review Commission. 
Proposed effective date for the text in italics is January 1, 
1996. Text shown in bold italics has been proposed to be 
amended effective April 1, 1996, published in Volume 10 
Issue 15 of the North Carolina Register. 

Proposed Effective Date: May 1, 1996. 

A Public Hearing will be conducted at 7:00 pm on Febru- 
ary 6, 1996 at Waynesville Town Hall (Board Room), 106 
South Main Street, Waynesville, NC. 

Reason for Proposed Action: The NC Department of 
Environment, Health, and Natural Resources on behalf of 
the Environmental Management Commission (EMC) will 
conduct a public hearing in order to receive public com- 
ments on a proposal to reclassify a portion of the Aliens 
Creek watershed (French Broad River Basin) in Haywood 
County. 

The Aliens Creek watershed is approximately 8,040 acres in 
size and is located in Haywood County (French Broad River 
Basin). The watershed is currently classified as WS-I which 
designates those water supplies that are within watershed 
that are essentially natural and undeveloped and under 
public ownership. However, there are approximately 600 
acres within the watershed that are privately owned. This 
land is within the Bearpen Branch and Deep Gap drainage 
areas of the Aliens Creek watershed. Due to the existence 
of the private land, a WS-II water supply classification is 
being sough for the Bearpen Branch and a portion of the 
Deep Gap drainage area. 

The proposed reclassification of Bearpen Branch to WS-II 
and WS-II CA (Critical Area) and a portion of Deep Gap to 
WS-II would require Haywood County to adopt and imple- 
ment drinking water supply ordinances for these areas. The 
ordinances must, at a minimum, meet the state's minimum 
requirements for a WS-II reclassification. Currently, no 
permitted wastewater discharges are allowed to the Aliens 
Creek watershed, including Deep Gap and Bearpen Branch. 
If reclassified to WS-II, the state would restrict permits for 
new wastewater discharges to those that qualify for a 
General Permit (for example, swimming pool filter back- 
washes). No permitted wastewater discharges would be 
allowed to the remainder of the Aliens Creek watershed that 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1846 



PROPOSED RULES 



would remain classified as WS-I. 

Comment Procedures: The purpose of this announcement 
is to encourage those interested in this proposal to provide 
comments. You may either attend the public hearing and 
make relevant verbal comments or submit written comments, 
data or other relevant information by March 7, 1996. The 
Hearing Officer may limit the length of time that you may 
speak at the public hearing, if necessary , so that all those 
who wish to speak may have an opportunity to do so. We 
encourage you to submit comments as well. 

It is very important that all interested and potentially 
affected persons or parties make their views known to the 
EMC whether in favor of or opposed to any and all provi- 
sions of the proposed reclassification being noticed. THE 
EMC MAY, IN ACCORDANCE WITH N.C.G.S. 150B-21.2. 
MAKE CHANGES IN FINAL RULES WITHOUT RENOTICE AS LONG 
AS THE ADOPTED RULES DO NOT DIFFER SUBSTANTIALLY 
FROM THE PROPOSED RULES. IN ACCORDANCE WITH THIS 
AUTHORITY, THE EMC MAY ADOPT FINAL MANAGEMENT 
REQUIREMENTS OR RULES THAT ARE MORE OR LESS STRIN- 
GENT THAN THOSE BEING NOTICED IF THE EMC DETERMINES 
THAT THE FINAL ADOPTED RULES DO NOT DIFFER SUBSTAN- 
TIALLY FROM THE PROPOSED RULES. ALL INTERESTED AND 
POTENTIALLY AFFECTED PERSONS ARE STRONGLY ENCOUR- 
AGED TO READ THE ENTIRE ANNOUNCEMENT AND SUPPORT- 
ING INFORMATION, AND COMMENT ON THE PROPOSAL 
PRESENTED. The proposed effective date for final rules 
pursuant to this rule-making process is July 1, 1996. 
Written comments may be submitted to: Steve Zoufaly, 
DEHNRfDivision of Environmental Management, PO Box 
29535, Raleigh, NC 27626-0535, (919) 733-5083, ext. 566. 

Fiscal Note: This Rule affects the expenditures or revenues 
of local government funds. 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONTTORING 

SECTION .0300 - ASSIGNMENT OF 
STREAM CLASSD7ICATIONS 

.0304 FRENCH BROAD RIVER BASIN 

(a) Places where the schedules may be inspected: 

(1) Clerk of Court: 
Avery County 
Buncombe County 
Haywood County 
Henderson County 
Madison County 
Mitchell County 
Transylvania County 
Yancey County 

(2) North Carolina Department of Environment, 
Health, and Natural Resources 

Asheville Regional Office 



Interchange Building 
59 Woodfin Place 
Asheville, North Carolina 

(b) Unnamed Streams. Such streams entering Tennessee 
will be classified "B." 

(c) The French Broad River Basin Schedule of Classifica- 
tions and Water Quality Standards was amended effective: 

(1) September 22, 1976; 

(2) March 1, 1977; 

(3) August 12, 1979; 

(4) April 1, 1983; 

(5) August 1, 1984; 

(6) August 1, 1985; 

(7) February 1, 1986; 

(8) May 1, 1987; 

(9) March 1, 1989; 

(10) October 1, 1989; 

(11) January 1, 1990; 

(12) August 1, 1990; 

(13) August 3, 1992; 

(14) October 1, 1993; 

(15) July 1, 1995; 

(16) November 1, 1995; 

(17) January 1. 1996: 

(18) April 1. 1996: 

(19) May 1, 1996. 

(d) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective March 1, 1989 as follows: 

(1) Cataloochee Creek (Index No. 5-41) and all 
tributary waters were reclassified from Class 
C-trout and Class C to Class C-trout ORW and 
Class C ORW. 

(2) South Fork Mills River (Index No. 6-54-3) 
down to Queen Creek and all tributaries were 
reclassified from Class WS-I and Class 
WS-m-trout to Class WS-I ORW and Class 
WS-ffl-trout ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective October 1, 1989 as follows: Cane River (Index 
No. 7-3) from source to Bowlens Creek and all tributaries 
were reclassified from Class C trout and Class C to Class 
WS-III trout and Class WS-IH. 

(f) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective January 1, 1990 as follows: North Toe River 
(Index No. 7-2) from source to Cathis Creek (Christ 
Branch) and all tributaries were reclassified from Class C 
trout and Class C to Class WS-III trout and Class WS-III. 

(g) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective August 3, 1992 with the reclassification of all 
water supply waters (waters with a primary classification of 
WS-I, WS-II or WS-DI). These waters were reclassified to 
WS-I, WS-D, WS-ffl, WS-IV or WS-V as defined in the 
revised water supply protection rules, (15A NCAC 2B 



1847 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



.0100, .0200 and .0300) which became effective on August 
3, 1992. In some cases, streams with primary classifica- 
tions other than WS were reclassified to a WS classification 
due to their proximity and linkage to water supply waters. 
In other cases, waters were reclassified from a WS classifi- 
cation to an alternate appropriate primary classification after 
being identified as downstream of a water supply intake or 
identified as not being used for water supply purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective October 1, 1993 as follows: Reasonover Creek 
[Index No. 6-38-14-(l)] from source to Reasonover Lake 
Dam and all tributaries were reclassified from Class B Trout 
to Class WS-V and B Trout, and Reasonover Creek [Index 
No. 6-38-14-(4)] from Reasonover Lake Dam to Lake Julia 
Dam and all tributaries were reclassified from Class C Trout 
to Class WS-V Trout. 

(i) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective July 1, 1995 with the reclassification of Cane 
Creek [Index Nos. 6-57-(l) and 6-57-(9)] from its source to 
the French Broad River from Classes WS-IV and WS-IV Tr 
to Classes WS-V, WS-V Tr and WS-IV. 

(j) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective November 1, 1995 as follows: North Toe River 
[Index Numbers 7-2-(0.5) and 7-2-(37.5)] from source to a 
point 0.2 miles downstream of Banjo Branch, including 
tributaries, has been reclassified from Class WS-ffl, WS-IH 
Trout and WS-HJ Trout CA (critical area) to Class WS-IV 
Trout, WS-IV, WS-IV Trout CA, and C Trout. 

(k) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective January 1, 1996 as follows: Stokely Hollow [Index 
Numbers 6-121. 5-(l) and 6-121. 5-(2)l from source to mouth 
of French Broad River has been reclassified from Class 
WS-H and Class WS-II CA to Class C 

QX The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
April 1, 1996 with the reclassification of the French Broad 
River [Index No. 6-(l)l from a point 0.5 miles downstream 
of Little River to Mill Pond Creek to Class WS-IV: French 
Broad River [Index No. 6-(5 1.5)1 from a point 0.6 miles 
upstream of Mills River to Mills River to Class WS-IV CA 
(Critical Area), from Mills River to a point 0.1 miles 
upstream of Boring Mill Branch to Class Qi and the Mills 
River [Index No. 6-54-(5)l as follows: 
Option Number 1 

From City of Hendersonville water su pply 



ill 



ill 



intake to a point 0. 7 miles upstream of mouth 
of Mills River to Class WS-111. and from a 
point 0.7 miles upstream of mouth of Mills 
River to French Broad River to Class WS- III 
CA (Critical Area). 
Option Number 2 

From City of Hendersonville water supply 
intake to a point 0. 7 miles upstream of mouth 



of Mills River to Class WS-II. and from a point 
0. 7 miles upstream of mouth of Mills River to 
French Broad River to Class WS-II CA (Critical 
Area). 

(m) The Schedule of Classifications and Water Quality 
Standards for the F rench Broad River Basin was amended 
effective May f, 1996: Deep Gap (Index No. 5-16-7-5) 
from source to a point 0.8 miles upstream of mouth and all 
tributaries was reclassified from Class WS-I to Class WS-II; 
Bearpen Branch (Index No. 5-16-7-8) from source to a point 
0.5 miles upstream of mouth, including all tributaries, was 
reclassified from WS-I to WS-II. and Bearpen Branch from 
a point 0.5 miles upstream of mouth of Waynesville Water 
Supply Reservoir (Allen Creek), including tributaries, was 
reclassified from WS-I to WS-II CA (Critical Area). 

Statutory Authority G.S. 143-214.1; 143-215.1; 
143-215.3(a)(l). 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Division of Environmental 
Management intends to amend rules cited as 15 A NCAC 2C 
.0201 - .0211, .0213 - .0214; and adopt rules cited as 15A 
NCAC 2C .0215 - .0216. 

Proposed Effective Date: May 1, 1996. 

A Public Hearing will be conducted at 7:00 p.m. on 
December 12, 1995 at the Archdale Building, Ground Floor 
Hearing Room, 512 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: Amendments to 15 A NCAC 
2C . 0200 reflect the adoption of G. S. 143-2 15. 1A providing 
for "closed loop groundwater remediation systems". New 
"area of review" criteria, permitting, classification, and well 
construction requirements are specified for Class V injection 
wells. Amendments clarify corrective action requirements 
for improperly constructed injection wells. Amends rules to 
require that well owners notify the State of any change-of- 
status of an injection well. Proposes the adoption of new 
requirements for variances and delegation of regulatory 
authority. 

Comment Procedures: Interested persons may contact 
David Hance at (919) 715-6189 for more information. Oral 
comments may be made during the hearing. All written 
comments must be submitted by December 15, 1995. 
Written copies of oral statements exceeding three minutes are 
requested. Oral statements may be limited at the discretion 
of the hearing officer. Mail comments to: David Hance, 
DEHNR-DEM Groundwater Section, P.O. Box 29578, 
Raleigh, NC 27626-0578. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1848 



PROPOSED RULES 



SUBCHAPTER 2C - WELL 
CONSTRUCTION STANDARDS 

SECTION .0200 - CRITERIA AND 

STANDARDS APPLICABLE TO 

INJECTION WELLS 

.0201 PURPOSE 

These Regulations establish classes of injection wells and 
set forth requirements and procedures for permitting, 
oonotruotion, constructing, operation, operating, monitoring, 
reporting reporting, and abandonment abandoning ef 
approved types of injection wells and abandonment, aban- 
doning, monitoring monitoring, and reporting ef non- 
permitted wells used for the injection of wastes or oontami 
nanta. The any substance of a composition and concentra- 
tion such that, if it were discharged to the land or waters of 
the state, would create a threat to human health or would 
otherwise render those waters unsuitable for their intended 
best usage. Except as provided for in G,S. 143-215. 1A, the 
discharge of any wastes to the subsurface or groundwaters 
of the state by means of wells is prohibited by G.S. 
143-214. 2(b). 

Statutory Authority G.S. 87-84; 87-87; 87-88; 87-94; 87-95; 
143-211; 143-214.2(b); 143-215.1 A; 143-215. 3(a)(1); 143- 
215.3(c). 

.0202 SCOPE 

These Regulations apply to all persons proposing to 
construct, alter, r e pair repair, or abandon any injection well, 
or owning, using or operating, or proposing to use or 
operate any well for injection. 

Statutory Authority G.S. 87-86; 87-87; 143-211; 143- 
215. 1A; 143-215. 3(a)(1); 143-215. 3(c). 

.0203 CONFLICT WITH OTHER LAWS AND 
REGULATIONS 

The provisions of any federal, state, county, or municipal 
tew laws or regulations establishing injection well standards 
affording greater protection to the public welfare, safety, 
and health and to the groundwater resources shall pr e vail 
prevail, within the jurisdiction of such agency or municipal 
rty municipality, over standards established by these Regula- 
tions. 

Statutory Authority G.S. 87-87; 87-96; 143-211; 143- 
215. 1A; 143-215. 3(a)(1); 143-215. 3(c). 

.0204 DEFINITIONS 

The definition of any word or phrase used in these 
Regulations shall be the same as given in G.S. 87-85 and 
G.S. 143-213, except that the following words and phrases 
shall have the following meanings: 

(1) "Abandonment or Plugging Record" means a 
systematic listing of permanent or temporary 



abandonment of a well and may contain a well log 
or description of amounts and types of abandon- 
ment material used, the method employed for 
abandonment, a description of formation location, 
formation thickness, and location of abandonment 
structures. 

(3) "Casing" means pipe or tubing of appropriate 

materials and having specified dimensions and 
woighta. that is installed in a borehole, — of varying 
diamet e r and weight, low e r e d into a bor e hole 
during or after drilling in ord e r to support the 
sidoo of the hole and thus prevent the walls from 
caving, to prevent loss of drilling mud into ponno 
abl e strata, or to prev e nt water, gas, or oth e r fluid 
from e nt e ring or l e aving th e hol e . 

(2) "Air Injection Well or Air Sparging Well" means 
a well that is used to inject uncontaminated air to 
the subsurface to promote volatilization and 
enhance bioremediation of contaminants in the 
groundwater and soil. 

(3) "Aquifer Test Well" means a well into which 
uncontaminated water is injected in order to 
facilitate the assessment of local aquifer character- 
istics such as permeability, hydraulic conductivity, 
storage coefficient, or transmissivity. This in- 
cludes slug tests which assess aquifer characteris- 
tics by the addition of a known volume of water to 
cause an instantaneous change in the water level of 
the well. 

(4) "Area Permit" means a permit that regulates all 
injection activities within the associated Area of 
Review. 

(5) "ASTM" means the American Society for Testing 
and Materials. 

(3) (6} "Catastrophic Collapse" means the sudden and 
utter failure of overlaying strata caused by re- 
moval of underlying materials. 

(7) "Closed-Loop Geo thermal Injection Well System" 
means a system of continuous piping, part of 
which is installed in the subsurface, through which 
moves a fluid that does not exit the piping, and 
which is used to transfer heat energy to and from 
the fluid. 

(8) "Closed-Loop Groundwater Remediation System" 
means a system and attendant processes used for 
improving the quality of contaminated groundwa- 
ter by collecting or pumping groundwater, treating 
the groundwater to reduce the concentration of or 
remove contaminants, and reintroducing the 
treated water beneath the surface in such a manner 
that the treated groundwater will be recaptured by 
the collecting or pumping portion of the system. 

(9) "Compliance Boundary" means a boundary as 
specified by 15A NCAC 2L (Classifications and 
Water Quality Standards Applicable To The 
Groundwaters of North Carolina), at and beyond 
which groundwater quality standards may not be 



1849 



NORTH CAROLINA REGISTER 



November 15, 1995 10:16B 



PROPOSED RULES 



I 



> 



(a) 



(b) 



> 



exceeded. 
(10) "Confined or Enclosed Space" means any space, (45) 

having a limited means of ingress or egress, which 
is subject to the accumulation of toxic or flamma- 
ble contaminants or has an oxygen deficient 
atmosphere. 

(4) (11) "Confining Zone" means a geological forma- 
tion, group of formations, or part of a formation 
that is capable of limiting fluid movement abov e 
or below an inj e ction zon e. 

(5) (12) "Contaminant" means any physical, chemi- 
cal, biological or radiological substance or matter 
which, if injected, may cause a violation of any 

water quality standard under 15A NCAC 2L, (46) 
and/or may adversely affect the health of humane 
humans, or may degrade the quality of the 
groundwater. 
(13) "Contamination" means foreign materials of such 
nature, quality, and quantity as to cause degrada- 
tion of the quality of the water. 

(6) (14) "Director" means the Director of the Divi- 
sion of Environmental Management or his d e l e (25) 
gate. 

(15) "Division" means the Division of Environmental (26) 
Management. 
(?) (16) "Facility, Operation, or Activity" means any 
injection well or system. 

( 8 ) "Fault" moans a surface or zone of rock fracture 

along which there has boon displacement. (27) 

(9) (17) "Flow Rate" means the volume per unit time 
of a fluid which emerges from an orifice, pump, 

or turbine or passes along a conduit or channel. (43) 

(4©) (18) "Fluid" means a material or substance which 
flows or moves; whether in a semisolid, liquid, 
sludge, gas, or any other form or state. 
(444 (19) "Formation Fluid" means fluid present in a 
formation under natural conditions as opposed to 
conditions. This does not include introduced 
fluids, such as drilling mud and grout, grout, used (48) 
to facilitate the construction or development of a 
well. 

(43) (20) "Generator" means any person, by site 
location, whose act or process produces hazardous 
waste. 

(45) (21) " Groundwater" moans "Groundwaters" mean 

those waters in the oaturatod gone of the vva (49) 

ter bearing consolidat e d and unconsolidat e d forma 
tions. occurring in the subsurface under saturated 
conditions. (30) 

(44) (22) "Grout" means a mixtur e of not mor e than 
6 gallons of oloar, wat e r to on e 94 pound bag of 
Portland comont. — Tho mixture may contain addi (34) 
tivos in proper amounts ao necessary to roduco 
ohrinkago and incr e as e compatibility of tho grout (33) 
to injection and formation fluids, well construction (a) 
material as specified in 15A NCAC 2C .0100 
(Criteria and Standards A pplicable to Water (b) 



Su pply and Certain Other Wells). 

(23) "Hazardous Waste" means any solid, semi- 
solid, liquid, or contained gaseous waste or com- 
bination thereof, which because of its quantity, 
concentration, or physical, chemical or infectious 
characteristic may: 

cause or significantly contribute to an increase in 
mortality or an increase in serious irreversible or 
incapacitating reversible illness; or 
pose a substantial present or potential hazard to 
human health or the environment when improp- 
erly treated, stored, transported, er disposed of, 
or otherwise managed. 

(24) "Hazardous Waste Management Facility" 
means all contiguous land and structures, and 
other appurtenances and improvements on the land 
used for treating, storing, or disposing of hazard- 
ous waste. A facility may consist of several 
treatment, storage, or disposal operational units 
(for example, one or more landfills, surface 
impoundments, or combination of them). 
"Hose Bibb or Tap" means a fluid sampling port 
located on or a ppurtenant to a well. 
"Hydraulic Conductivity" means the rate at which 
a unit volume of fluid of a specific density, vis- 
cosity and temperature can flow through a perme- 
able medium of unit cross section and under unit 
hydraulic gradient. 

"Injectant" means any solid or fluid that is em- 
placed in the subsurface by means of an injection 
well. 

(28) "Injection" means emplacement or discharge 
into the subsurface of a solid or fluid substance or 
material, mat e rial, e xo e pt This definition excludes 
drilling fluids, grout used in association with well 
construction or abandonment, and fluids used in 
connection with well development, rehabilitation 
or stimulation. 

(29) "Injection Well" means any excavation 
which is cored, bored, drilled, jetted, dug dug, or 
otherwise constructed, whose depth is greater than 
its largest surface dimension and which is used, or 
intended to be us e d used, for the injection of 
fluids or solids into the subsurface or 
groundwaters. 

(30) "Injection Zon e s Zone " means a geological 
formation, group of formations, or part of a 
formation receiving fluids through a well. 

(31) "Lithology" means the description of rocks 
or sediments on the basis of their physical and 
chemical characteristics. 

(32) "Major Facility" means a Class 1 1 or 4 IV 
well. 

"Mechanical Integrity" means: 
an absence of a leak in the casing, tubing, or 
packer of an injection well; and 
an absence of any significant fluid movement 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1850 



PROPOSED RULES 



into an underground source of drinking water 
through vertical channels adjacent to the injec- 
tion well bore. 
(34) "Monitoring Well" means any well constructed for 
the primary purpose of obtaining samples of 
groundwater or other liquids for examination or 
testing, or for the observation or measurement of 
groundwater levels. This definition excludes 
lysimeters, tensiometers, and other devices used to 
investigate the characteristics of the unsaturated 
zone. 
(32) (35) "Owner or Operator " means the owner or 
operator of any facility or activity, any person 
who holds the fee or other property rights in the 
well being constructed. A well is real property 
and its construction on land will be deemed to vest 
ownership in the land owner, for purposes of this 
Section and statutes governing groundwater, in the 
absence of contrary agreement in writing. 
"Packer" means a device lowered into a well 



\ a ' ) 

(41) 



which can bo expanded to produce a water tight 

(36) "Permit" means an authorization, license, or 
equivalent control document issued by the Director 
to implement the requirements of these Regula- 
tions. 

(37) "Plugging" "Plug" means the act or process 
of stopping the flow of fluids into or out of a 
formation through a borehole or well penetrating 
that formation. 

(38) "Potable Water" means those waters which 
are suitable for drinking, culinary, or food pro- 
cessing purposes. 

(39) "Pressure" means the total load or force per 
unit area acting on a surface. 

(40) "Site" means the land or water area where 
any facility or activity is physically located or 
conducted, including adjacent land used in connec- 
tion with the facility or activity. 
"Receptor" means any human, plant, animal, or 
structure which is, or has the potential to be, 
adversely affected by the release or migration of 
contaminants. Any well constructed for the pur- 
pose of monitoring groundwater and contaminant 
concentrations shall not be considered a receptor. 

(39) "Stratum (plural strata)" moano a Gingl e s e dim e n 

tary b e d or lay e r, r e gardl e ss of thioknosD. that 
consists of generally the same kind of rock or 
sedimentary material. 

(30) (42) "Subsidence" means the lowering of the 
natural land surface in response to: earth move- 
ments; reduction of formation fluid pressure; 
removal of underlying supporting material by 
mining or solution of solids, either artificially or 
from natural causes; compaction due to wetting 
(Hydrocompaction); oxidation of organic matter in 
soils; or added load on the land surface. 



(34) "Surface Casing" moans the first string of casing 

to b e install e d in th e w e ll. 

(43) "Thermal Waste" means a waste having a temper- 
ature which is in excess of 30 degrees Fahrenheit 
above or below the naturally occurring tempera- 
ture of the receiving groundwater, as determined 
by the Director. 

(44) "Transmissivitv" means the product of the hydrau- 
lic conductivity and the total saturated thickness of 
a porous or fractured medium. 

(33) (45) "Underground Sources of D rinkin g Water" 
means any groundwater source an aquifer or its 
portion: 

(a) which supplies any public water system; or 

(b) which contains a sufficient quantity of ground- 
water to supply a public water supply system; 
and 

(i) currently supplies drinking water for human 

consumption; or 
(ii) contains fewer than 10,000 milligrams per liter 
of total dissolved solids. 
(33) (46) "Waste" shall m e an and inolud e "Thermal 
Waste" for purpos e s of groundwater quality moans 
discharges having a temperature which is in excess 
of 30 degrees Fahrenheit above or below the 
naturally occurring temp e ratur e of th e r e c e iving 
groundwater as d e termin e d by th e Dir e ctor, means 
waste as defined in G.S. 143-213(18). 

(47) "Well head" means the upper terminal of the well 
including adapters, ports, valves, seals, and other 
attachments. 

(34) "Well Stimulation" moans processes used to clean 

the well bore, enlarge channels and increase pore 
opao e in th e inj e ction zon e , thus making it possibl e 
for th e inj e ct e d fluid to mov e mor e r e adily into 
the — formation -; — and — includes — surging, jotting, 
blasting, acidizing, and hydraulic fracturing. 

(48) "Well System" means two or more wells serving 
the same facility. 



Statutory Authority G. S. 
215.1 A.' 



87-85; 87-87; 143-213; 143- 



.0205 AREA OF REVIEW 

(a) The area of review for an injection well or field, well 
field proj e ct or ar e a of th e stat e shall be a fixed radius 
around the w e ll, well or well field or proj e ct of 3000 foot 
1/4 mile (1320 feet) or greater greater, as determined by the 
Director. Director, for the following Class 5 well types: la 
d e t e nnining th e fix e d radius th e following factors shall be 
tak e n into consid e ration by th e Dir e ctor: 

ft) physical and chemical — characteristics — of the 

injected and formation fluids; 

(3) injootion rat e and pr e ssur e ; 

(3) hydrog e ology; 

(4) population and groundwater use and dependence; 



1851 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



{§) historical practices in tho area. 

(1) Type 5A7 - Heating/Cooling Water Return Well 

(2) Type 51 - In-situ Groundwater Remediation Well 

(3) Type 5L ; Closed-Loop Groundwater 
Remediation Well 

£4} Type 5P - Air Injection Well 

(5) Type 50 ; Closed Loop Geothermal Injection 
Well System 

(6) Type 5X30 - Aquifer Test Well 

(to In determining a fixed radius greater than 1/4 mile, 
the following factors shall be taken into consideration by the 
Director: 

(1) physical and chemical characteristics of the 
injected and formation fluids; 

(2) injection rate and pressure; 

(3) hvdrogeologv: 

(4) population and its groundwater use and depend- 
ence; and 

(5) historical practices in the area. 

(c) For all other Class 5 well types which can be ap- 
proved under these Rules, the area of review for an injec- 
tion well or well field will be calculated using the procedure 
for determining the zone of endangering influence specified 
in 40 CFR 146.6(a). 

Statutory Authority G.S. 87-87; 143-211; 143-215.1 A; 143- 
215.3(a)(1); 143-215. 3(c). 

.0206 CORRECTIVE ACTION 

(a) Corr e ctiv e aotion required und e r th e s e R e gulations for 
improperly o e al e d, oomplotod. or abandon e d w e llo whioh 
ponotrato tho injection zone and arc located within tho area 
of review shall consist of such stops or modifications as are 
neoooflary to prev e nt movement of fluid outoid e th e inj e otion 
zone or ar e a. 

(b) Tho applicant shall identify' all s uch wells and s ubmit 
a plan for corrective action with tho pormit application. 

(o) If the plan is determined ad e quat e , th e Dir e ctor shall 
incorporat e it into th e p e rmit ao a oondition. 

(d) — If review of tho application indicates that tho appli 
cant's plan is inadequate, tho Director shall require tho 
applicant to revis e th e plan, pr e oorib e a plan for corr e ctiv e 
aotion ao a oondition of tho pormit or deny th e application. 
(e) — To dete r mine tho adequacy of corrective action 
proposed by tho applicant and tho additional stops needed to 
pr e vent fluid mov e m e nt outside tho injection zon e or ar e a, 
the following orit e ria and faotore shall b e consid e r e d by th e 
Director: 

fB nature and volume of tho injected fluid; 

(3) natur e of formation fluids or by produots of 

inj e otion; 

potentially affected population; 






geology; 
hydrology: 



well was abandoned; and 
($) hydraulio oonneotions with und e rground oourooo 

of drinking water. 
(f) Tho Director may require, as a pormit condition, that 
injection pressure bo so limited that pressure in tho injection 
zon e do e s not e xceed hydrootatio pr e ssure at th e sit e of any 
improp e rly oompl e t e d or abandon e d w e ll or water supply 
well within tho area of review. This pressure limitation shall 
satisfy tho corrective action requirement. — Alternatively, 
ouoh restrictions on inj e otion pressure may b e a part of tho 
complianc e ooh e dulo for correctiv e aotion and last until all 
other required corrective action has boon taken. 

(a) Injection wells not constructed in compliance with the 
criteria and standards specified in these Rules shall be 
brought into compliance with these Rules or abandoned by 
the person(s) responsible for the construction of the well(s). 

(b) Where operation of any injection facility is not in 
compliance with the requirements of these Rules, or where 
continued operation of the injection facility threatens any 
water quality standard or classification established under the 
authority of G.S. 143-214.1. the owner of the injection 
facility shall perform the following: 



m 

(21 



(21 



14] 



history of th e inj e otion op e ration; 
completion and plugging records; 
abandonment procedures in effect at tho time tho 



Stop all injection activities immediately; 
Notify the Division orally within 24 hours (or 
the next business day), and in writing within five 
calendar days, of becoming aware of any in- 
stance of noncompliance; 
Perform a complete site assessment and submit 
to the Division, as soon as practicable or in 
accordance with a schedule established by the 
Director, a report which shall include but not be 
limited to a description of: 
The source and cause of contamination; 
Any imminent hazards to public health and 
safety and actions taken to mitigate them; 
All receptors and significant exposure path- 
ways; 

The horizontal and vertical extent of soil and 
groundwater contamination and all significant 
factors affecting contaminant transport; and 
Any geological and hydrogeological features 
influencing the movement or chemical or 
physical character of the contaminants; 
Submit a corrective action plan and a proposed 
schedule for implementation to the Director, for 
a pproval. In establishing a schedule, the Direc- 
tor shall consider any reasonable schedule 
proposed by the permittee. The corrective 
action plan shall include but not be limited to: 
A description of the proposed corrective action 
and reasons for its selection; 
Specific plans, including engineering details 
where applicable for restoring the groundwater 
quality and for restoring the integrity of the 
injection facility if the injection activity is to 
continue; 
(C) A schedule for the implementation and opera- 



£A] 



(El 



(A] 



mi 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1852 



PROPOSED RULES 



tion of the proposed plan; and 
(D) A monitoring plan for evaluating the effective- 
ness of the proposed corrective action. 

Statutory Authority G.S. 87-87; 87-88; 143-211; 143- 
215. 1A; 143-215. 3(a)(1); 143-215. 3(c). 

.0207 MECHANICAL INTEGRITY 

(a) An injection well will be considered to have mechani- 
cal integrity if: 

(1) there is no measurable leak in the casing, tubing 
or packer; and 

(2) there is no measurable fluid movement into an 
underground source of drinking water through 
vertical channels adjacent to the injection well 
bore which would result in deterioration of the 
water quality in zones above or below the injec- 
tion zone^ and 

(3) injection pressure is no greater than atmospheric 
pressure (i.e. 14.7 pounds per square inch). 

fb-) — Tho method used to dotormino the absence of any 
measurable l e aks in th e casing, tubing or pack e r shall b e 
conducted as follows: 

<4-) monitoring of the annuluo prossuro; or 

f2-) a prossuro test with liquid or gas. 

fe} — Th e m e thod us e d to determine th e absence of any 
m e asurabl e fluid mov e mont outside tho inj e otion zon e or 
area shall bo tho results of a temperature log and othor 
suitable methods of leak detection. 

fd4 £b] If the injection pressure is to be greater than 
atmospheric, a demonstration of the mechanical integrity of 
the injection facility prior to injection will be required unless 
it can be demonstrated to the Director's satisfaction that the 
methods and materials used in the construction of the well 
and injection operations will not result in a threat to human 
health or a contravention of a groundwater quality standard 
as specified in 15A NCAC 2L. In conducting and evaluat- 
ing the tests for mechanical integrity, the owner or op e rator 
and th e Director shall apply one of the following methods^ 
and standards generally accepted in tho industry. When the 
owner or operator roporto the results of mechanical integrity 
t e sts to th e Dir e ctor, h e shall include a d e scription of th e 
t e st(s) and th e m e thod(s) us e d. In making th e e valuation, th e 
Director shall review monitoring and other tost data submit 
ted since tho previous evaluation. 

(1) monitoring of the annulus pressure; or 

(2) a pressure test with liquid or gas. 

(c) When the owner reports the results of mechanical 
integrity tests to the Director, the owner shall include a 
description of the testis ) and the method(s) used. In making 
an evaluation of the data submitted, the Director may review 
monitoring or other test data available. 

Statutory Authority G.S. 87-87; 143-211; 143-215. 3(a)(1); 
143-215.3(c); 143-215.1 A. 

.0208 FINANCIAL RESPONSIBILITY 



The permittee shall maintain financial responsibility and 
resources, in the form of performance bonds or other 
equivalent forms of financial assurances^ as approved by the 
Director and as specified in the permit, to close, plug, and 
abandon the injection operation. 

Statutory Authority G.S. 87-87; 87-88; 143-211; 143- 
215.1 A; 143-215. 3(a)(1); 143-215. 3(c); 40 CFR Part 
144.52(7); 40 CFR Part 145.11(a)(20). 

.0209 CLASSIFICATION OF INJECTION WELLS 

(a) Class 1 1. 

(1) This class applies to industrial, municipal, and 
nuclear disposal wells that are used to inject 
wastes b e low beneath the lowermost formation 
containing an underground source of drinking 
water^ and includes: 

(A} — w e lls us e d by generators of hazardous wastes 
or owners or operators of hazardous waste 
managem eet — facilities — to — inject — hazardou s- 
waste, other than Class IV wells; and 

fB} — other industrial and municipal wast e disposal 

(2) The designated type code and a description of 
the primary function for wells of this class will 
be as follows: 

(A) Type 1H : Hazardous Waste Disposal Well. 
These wells are used by generators of hazard- 
ous wastes or owners of hazardous waste 
management facilities to inject hazardous 
waste. 

(B) Type H ; Industrial disposal well. These wells 
are used to inject non-hazardous industrial 
waste. 
Type 1M ; Municipal disposal well. These 



IE) 



wells are used to inject non-hazardous waste. 
Type IN - Nuclear disposal well. These wells 
are used to inject nuclear waste. 
Type IX - Other Class 1 wells. 



(9 



(3) No person shall construct, operate or use.^ 
or operate a well of this class for injection. 

(b) Class U 2. 

(1) This class applies to oil and gas production and 

storage related injection wells and includes wells 

which are used to inject fluids: 
which are brought to the surface in connection 
with conventional oil or natural gas produc- 
tion; 

for enhanced recovery of oil or natural gas; 
and 

for storage of hydrocarbons which are liquid at 
standard temperature and pressure. 

No person shall construct, use.! or operate a well 

of this class for injection. 

(c) Class ffl 3. 

(1) This class applies to special process wells which 
are used to inject for the purpose of extraction 



(A) 

(B) 
(Q 



(2) 



1853 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



of minerals or energy and includes: .. 

(A) — mining of oulfur by th e Fraooh proooso; 

(B) — in oitu produotion of uranium or oth e r m e tals; 
(This category includoo only in situ production 
from oro bodies which have not boon convon 
tionally mined. — Solution mining of oonv e n 
tional mines, suoh as stop e o l e aching, is in 
eluded in Class V.) 

(€) — solution mining of s alts or potash; 

(B) — in situ oombustion of fossil fu e l; and 

Note: Foooil fu e ls inolud e s ooal, tar sands, oil 
shal e and any oth e r fossil fu e l whioh oan b e 
mined by this process. 

(E) recovery of goothormal energy to produce 
olootrio pow e r. 

Note: Class HI wells inolud e th e r e oov e ry of 

gooth e rmal e nergy to produo e e l e otrio pow e r 

but do not include wells used in heating or 

aquaculturo, which are Class V. 

(2) The designated type code and a description of 

the primary function for wells of this class will 

be as follows: 



(A) 



£Ci 



Type 3G ; In-situ Gasification Well. 

Type 3M - Solution Mining Well. These wells 

are used in the solution mining of salts or 

potash. 

Type 3S - Sulfur Mining Well. These wells 



are used in the mining of sulfur by the Frasch 
process. 

(D) Type 3T - Geothermal Well. 

(E) Type 3U - Uranium mining Well. 

(3) £3) No person shall construct, use x or operate a 
well of this class for injection. 

(d) Class W 4. 

(1) This class applies to injection wells that are used 
to inject hazardous wastes into or above a for- 
mation containing an underground source of 
drinking water and includes wells used by: 

(A) generators of hazardous wastes or radioactive 
wastes; and 

(B) owners or op e rators of hazardous waste man- 
agement facilities, or radioactive waste dis- 
posal sites. 

(2) No person shall construct, use^ or operate a well 
of this Claoo class for injection . 

(e) Class V 5. 

(1) This class applies to all injection wells not 
included in Class 1 1, H 2, HI 3, and IV 4. and 
inoludoo: 
(A) — air conditioning return flow wolls used to 
inject the water used for heating or cooling in 
a hoat pump; 
(B) — o e oopools or oth e r d e vio e o that roo e iv e wast e s 
which have an open bottom and sometimes 
have perforated sides; 
{€) — oooling wat e r r e turn flow w e lls uood to inject 
water proviouoly us e d for oooling; 



(©) — drainage wells used to drain surface fluid, 
primarily — storm runoff, — into a oubourfaoo 
formation; - 
dry wolls used for the injection of wastes into 






a subsurface formation; 

r e oharg e w e llo used to repl e nish the water in 

an aquif e r; 

salt water intrusion barrier wolls used to inject 



water into fresh water aquifer to prevent the 
intrusion of salt wat e r into th e fresh water; 
(H-) — sand backfill and oth e r baokfill wells us e d to 
inject a mixture of water and sand, mill tail 
ings, or other solids into subsurface mines, 
wh e th e r or not th e mixtur e is radioactive; 
o e ptio syst e m w e lls us e d to inj e ct discharg e th e 



waste or effluent from a septic tank or cess 
pool ; 



(J) — subsid e nce oontrol w e lls us e d to inj e ct fluids 
into a non oil or gas produoing zon e to r e duce 
or eliminate subsidence associated with the 
overdraft of fresh water; 

(K) — w e llo us e d for th e storag e of hydrooarbons 
whioh are gaoeo at standard t e mp e ratur e and 
pressure; 

(fe) — goothormal wolls used in heating and aquacul 

fM-) — radioaotiv e wast e disposal wolls othor than 
Class IV; 

(N-) — wolls used for solution mining of oros or 
min e rals in conv e ntional min e s, suoh as stop e s 
l e aohing; 

(Q) — wolls used to inject spent brine into the same 
formation from which it was withdrawn after 
e xtraction of halogens or their salts or aftor 
e xtmotion of wat e r for drinking purpos e s; and 

(P) — injection wolls used in experimental t e chnolo 



g+esr 



(3) The designated typ e cod e aooording to primary 

funotion for w e lls of this olass will b e as fol 

fA) — 5A — Air Conditioning/Cooling Wator Roturn 
WeHr 
4S — Salinity Barri e r W e ll, 






-§D — Storm Wator Drainage Well, 

-5E — Wolls used in experimental technologies, 

-$¥ — Agricultural Drainag e W e ll, 

-5G — Oth e r Drainag e W e lls. 



SH — Gaseous Hydrocarbon Storage W e ll, 
-4N — Nuclear Wa s to Disposal or Storage Well, 
-SR — R e oharge Well, 



-4S — Subsid e nc e Control W e ll, 
SW — Wasto Di s posal Woll, 
5X Othor Class V Wells, 



(3} No p e rson shall construct, us e or op e rat e a w e ll 

of this olass for inj e ction of wast e or oontami 
nants. 

(2) The construction, use, or operation of the fol- 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1854 



PROPOSED RULES 



lowing Class 5 injection well types are prohib- 
ited. The designated type code and a description 
of the primary function for these wells will be as 
follows: 

(A) Type 5A8 - Groundwater Aquaculture Return 
Flow Well. These wells inject groundwater or 
surface water that has been used to support 
aquaculture. 

(B) Type 5D2 : Storm Water Drainage Well. 
These wells receive storm-water runoff from 
paved areas, including parking lots, streets, 
residential subdivisions, building roofs, or 
highways. 

(C) Type 5F1 : Agricultural Drainage Well. 
These wells receive irrigation tailwaters, other 
field drainage, animal yard, feedlot, or dairy 
runoff. 

(D) Type 5G30 : Special Drainage Well. These 
wells are used for disposing of water from 
sources other than direct precipitation. Exam- 
ples of this well type include: landslide control 
drainage wells, water tank overflow drainage 
wells, swimming pool drainage wells, and lake 
control drainage wells. 

(E) Type 5H ; Gaseous Hydrocarbon Storage 
Well. These wells are used for the storage of 
hydrocarbons which are gases at standard 
temperature and pressure. 

(F) Type 5N24 ; Radioactive Waste Disposal 
Well. These wells are used for all radioactive 
waste disposal other than Class 4 wells. 

(G) Type 5W : Sewage or Wastewater Disposal 
Well. These wells are used to inject sewage 
or wastewater from any source to the 
groundwaters of the State. This includes but 
is not limited to cesspools and abandoned 
drinking water wells. 

(H) Type 5X13 - Mining, Sand, or Other Backfill 
Well. These wells are used to inject a mixture 
of fluid and sand, mill tailings, and other 
solids into mined out portions of subsurface 
mines whether, what is injected is a radioac- 
tive waste or not. This also includes special 
wells used to control mine fires and acid mine 
drainage wells. 
£Q Type 5X14 -_ Solution Mining Well. These 
wells are used in solution mining in conven- 
tional mines, such as stopes leaching. 
(T) Type 5X15 z In-situ Fossil Fuel Recovery 
Well. These wells are used for the in-situ 
recovery of coal, lignite, oil shale, and tar 
sands. 

(K) Type 5X17 ; Air Scrubber Waste Disposal 
Well. These wells are used to inject wastes 
from air scrubbers. 

(L) Type 5X18 ; Water Softener Regeneration 
Brine Disposal Well. These wells are used to 



inject regeneration wastes from water soften- 
ers. 
£M) Type 5X28 - Motor Vehicle Waste Disposal 
Well. These wells receive wastes from motor 
vehicle facilities and include but are not lim- 
ited to autobody repair shops, new and used 
car dealerships, specialty repair shops (e.g., 
transmission, muffler, and radiator repair 
shops and any facility that steam cleans or 
otherwise washes undercarriages or engine 
parts or does any vehicular repair work). 
(3) The construction, use, or operation of the fol- 
lowing Class 5 injection well types may be 
approved by the Director provided that the 
injected material does not contain any waste or 
any substance of a composition and concentra- 
tion such that, if it were discharged to the land 
or waters of the state, would create a threat to 
human health or would otherwise render those 
waters unsuitable for their intended best usage. 
The designated type code and a description of 
the primary function for these wells will be as 
follows: 
(A) Type 5A7 : Heating/Cooling Water Return 
Well. These wells reinject groundwater used to 
provide heating or cooling for structures. 
These wells may be approved by the Director 



£B} 



tm 



im 






only if the temperature of the injection fluid is 
not in excess of 30 degrees Fahrenheit above 
or below the naturally occurring temperature 
of the receiving groundwater. This includes 
wells using a geothermal fluid source. 
Type 5B22 : Salinity Barrier Well. These 
wells inject uncontaminated water into an 
aquifer to prevent the intrusion of salt water 
into the fresh water. 

Type 51 z In-situ Groundwater Remediation 
Well. These wells are used to inject additives 
for the in-situ treatment of contaminated soil 
or groundwater, when such additives are 
determined by the Division of Epidemiology to 
be protective of human health and permitted by 
the Division. 

; Closed-Loop Groundwater 
Well. These wells are used to 



Type 5L 
Remediation _ 
inject treated groundwater as part of a closed- 
loop remediation system for the prevention, 
control, or remediation of aquifer pollution. 
Type 5P ; Air Injection Well. These wells are 
used to inject air to enhance in-situ treatment 
of groundwater. 

Type 5QM ; Closed-Loop Geothermal-Mixed- 
Fluid Injection Well System. These wells are 
used to house a subsurface system of vertical 
pipe that re-circulates fluid other than potable 
water for heating and cooling purposes and 
where the fluid is isolated from the environ- 



1855 



NORTH CAROLINA REGISTER 



November 15, 1995 10:16B 



PROPOSED RULES 



ment. 

(G) Type 5QW - Closed-Loop Geothermal -Water- 
Only Injection Well System. These wells are 
used to house a subsurface system of vertical 
pipe that re-circulates potable water for heating 
and cooling purposes and where the fluid is 
isolated from the environment. 

(H) Type 5R21 - Aquifer Recharge Well. These 
wells are used to recharge depleted aquifers 
and may inject uncontaminated water of equal 
or better quality than the aquifer being re- 
charged. 
(I) Type 5S23 - Subsidence Control Well. These 
wells are used to inject fluids into a non-oil or 
gas-producing zone to reduce or eliminate 
subsidence associated with overdraft of fresh 
water and not used for the purpose of oil or 
natural gas production. 

{JQ Type 5T - Tracer Well. These wells are used 
to inject substances determined by the Division 
of Epidemiology to be protective of human 
health and permitted by the Division. 

(K) Type 5X25 - Experimental Technology Well. 
These wells are used in experimental or un- 
proven technologies where operation is in 
compliance with all appropriate Rules and 
Statutes. 

(L) Type 5X30 - Aquifer Test Well. These wells 
are used to inject uncontaminated water into an 
aquifer to determine aquifer characteristics. 

(M) Type 5Z - Other Wells. 

Statutory Authority G.S. 87-87; 87-94; 87-95; 143-211; 143- 
214.2(b); 143-215.1 A; 143-215. 3 (a)(1); 143-215. 3(c); 143- 
215.6(c). 

.0210 REQUIREMENTS: WELLS USED TO INJECT 
WASTE OR CONTAMINANTS 

(a) The owner of Arv any welly uood for th e inj e ction of 
that has been used to inject wastes or contaminants, with the 
exception of wells permitted in accordance with this Section 
and oonstruot e d or in op e ration prior to th e effective dat e of 
th e s e R e gulations , must shall take corrective action as 
specified in Rule .0206(b) of this Section, bo reported by 
the owner to tho Director within 30 days aft e r their promul 
gation. Th e information r e port e d shall inolud e : 

(4) looation of th e inj e otion w e ll and any aooooiat e d 

monitor) 1 wolls; 

(3) namo and address of injection well owner; 

(3) nam e and addrooo of well operator; 

f4) oonotruotion drawings of th e inj e otion w e ll and 

injection systems to include depths, composition 
of construction materials, and inj e ction system 
mat e rials, e to .; 



etc. during tho operating period of tho well, 
(b) Any inj e otion w e ll, us e d for th e injeotion of waotoo or 
oontaminanto and oonotruotod or in op e ration prior to tho 
e ffective date of thooo Regulations, shall bo abandoned by 
tho owner in a manner specified by tho Director within 30 
days of r e o e ipt of notio e from tho Dir e otor. — Ao part of 
abandonm e nt, the Dir e otor may r e quir e th e owner to: 
(1) Install monitor wolls in tho injection zone and 
adjacent zones as necessary to detect tho dispor 
oion and migration of inj e otion fluids within and 
from tho injeotion zon e ; 
(3) Monitor tho fluid level s and water quality in tho 



m- 



&- 
&- 
&- 



analysis of injeotod fluid; 

date injection initially began; and 

records of injection rates, pressures, volumes, 



injection and monitor woll s at spocifiod intervals; 
Submit th e r e sulto of monitoring at suoh fr e quon 
oi e s and in ouoh form as op a cifi e d. 



Statutory Authority G.S. 87-87; 87-88; 87-94; 87-95; 143- 
214.2; 143-215.1 A; 143-215. 6(c). 

.0211 PERMITS 

(a) A permit shall be obtained from the Director prior to 
constructing, operating, or using any well for injection 
unless the well is deemed permitted in accordance with 
Paragraph (u) of this Rule . In those instances where all 
individual injection wells within a well field will be essen- 
tially similar with respect to construction, operation, 
reportingj and abandonment, and are of the same well type 
Type , the Director may issue an area permit for the injec- 
tion operations within that same well field, facility, site, 
reservoir^ or similar unit. No permit shall be granted for 
the injection of wastes or oontaminanto. any substance of a 
composition and concentration such that, if it were dis- 
charged to the land or waters of the state, would create a 
threat to human health or would otherwise render those 
waters unsuitable for their intended best usage unless 
specifically provided for by Statute or by_ these Rules. 

(b) All permit applications shall be signed as follows: 
(1) for a corporation: by a principal e x e outiv e 

dir e otor responsible corporate officer; of at l e ast 
tho level of vice president; 
for a partnership or sole proprietorship: by a 
general partner or the proprietor, respectively; 
for a municipality, state, federal^ or other public 
agency: by either a principal executive officer or 
ranking elected official; or 
for all other persons: by the well owner. 
f4) (ci The person signing the permit application shall 
certifies certify that the data furnished on the application is 
accurate and that the well will be operated in accordance 
with the approved specifications and conditions of the 
permit. 

(e) {d) An application shall be submittedi in duplicate,, to 
the Director on forms furnished by the Director and shall 
include the following: 

(1) Class V Wolls: Exc e pt Typ e 5A. For all Class 
5 Well Types: 
(A) the The activities conducted by tho applicant 



(2) 
(3) 

14} 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1856 



PROPOSED RULES 



which require — it to obtain a permit well 
owner's and (if different from the owner) the 
well operator's name, address, telephone 
number, and status as a federal, state, private, 
public, or other activity ; 

(B) The name, mailing address, telephone number, 
and location of the facility for which the 
application is submitted and a brief description 
of the nature of the business ; 

(O — up to four Standard Industrial Cod e s whioh 
best r e fl e ot th e prinoipal produots or o e rvio e o 
provided by the facility; 

(D) — the owner's and (if different than the owner) 
operator's name, addr e ss, t e lephone number, 
ownership status, and status as f e d e ral, stat e - 
private, public, or other entity; 

(E) — whether or not the facility is located on Indian 
lands; 

fF) — a topographic - map (or oth e r map if a topo 
graphic map is unavailable) extending one mil e 
beyond the property boundaries of the source, 
depioting the facility and e ach of its intak e and 
diooharg e structur e s; — each of its hazardous 
waste treatment, storage or disposal facilities; 
each well whore fluids from the facility are 
inj e oted und e rground; and other wells, springs, 
and oth e r surfao e water bodi e s, min e s (surfac e 
and subsurface), and quarries in the map area; 

(€r) — a brief description of the nature of the busi 

(54} — a map showing th e inj e otion w e ll(s) for whioh 
a permit is sought and the applicable area of 
review. — Within the area of review, the map 
shall show th e name and looation of all pro 
duoing wells, inj e otion w e lls, abandon e d w e lls, 
dry well, and water wells. The map shall also 
show faults if known or suspected; 
(1) — a tabulation of data on all w e lls within th e ar e a 
of review whioh p e n e trat e th e proposed injoo 
tion zone. — Such data shall include a doscrip 
tion of each well's typo, construction, date 
drill e d, looation, d e pth, record of abandonm e nt 
and/or compl e tion, and any additional inform a- 
tion the Director may require; 

(J) — maps and cross sections indicating the vortical 
and lat e ral limits of all underground oouroos of 
drinking wat e r within th e ar e a of r e vi e w, th e ir 
position relative to the injection formation, and 
the direction of water movement in every 
und e rground oouro e of drinking water whioh 
may b e aff e ct e d by th e propos e d inj e otion; 

(K) — maps, cross sections and well logs detailing the 
hydrogoologic structure of the local area; 

(4=) — g e n e raliz e d maps and oross sections illustrating 
the regional g e ologic s e tting; 

(M) — proposed operating data as follows; 

(i) average and — maximum daily — rate and 



volume of fluid to bo injected; 
(») av e rag e and maximum injeotion pressure; 

(«*) source and an analysis of tho chemical, 

physical, biological and radiological char 
aot e ristios of th e inj e oted fluid; 
(N} — propos e d formation t e sting program; 
(©) — proposed stimulation program; 
(P) — proposed injection procedure; 
(Q) — e ngineering drawings of th e surfaoe and oub 

surfaoe oonstruotion d e tails of tho syst e m; 
£R-) — plans (including maps) for mooting tho moni 

toring requirements for tho typo proposed; 
fS) — e xp e ot e d ohangoo in pr e ssure, formation fluid 

displacement, and dir e ction of movem e nt of 

injected fluid; 
fF) — contingency plans to cope with all shut ins or 

w e ll failures so as to pr e vent th e migration of 

fluids outsid e the injeotion zone or area; 
ffc£) — a certificate that tho applicant has assured, 

through a performance bond or other appropri 

at e m e ans, tho rooouroos n e c e ssary to olooo, 

plug, or abandon the woll as r e quired by those 

regulations; and 
fV) — tho corrective action proposed to bo taken as 

r e quir e d by th e se Regulations. 

(C) A description of the injection activities pro- 
posed by_ the a pplicant; 

(D) A scaled, site-specific map showing the loca- 
tions) of the following: 

£i) the proposed injection well(s): 

(ii) all property boundaries; 

(iii) the direction and distance from the injec- 
tion well or well system to two nearby 
permanent reference points (such as roads, 
streams, and highway intersections); 

(iv) all buildings within the property boundary; 

(v) any other existing or abandoned wells, 
including water supply and monitoring 
wells, within the area of review of the 
injection well or well system; 

(vi) any existing sources of potential or known 
groundwater contamination, including 
waste storage, treatment, or disposal sys- 
tems within the area of review of the 
injection well or well system; and 
(vii) all surface water bodies within the area of 
review of the injection well or well sys- 
tem; 

(E) The chemical, physical, biological, and radio- 
logical characteristics of the fluid to be in- 
jected; 

(F) The proposed average and maximum daily rate 
and quantity of fluid to be injected; 

(G) Detailed plans and specifications of the surface 
and subsurface construction details of the 
system; 



1857 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



I 



> 



I 



(H) A listing of all permits or construction approv- 
als, received or a pplied for by the a pplicant, 
that are related to the site or facility covered 
by this a pplication including but not limited to: 
(i) Hazardous Waste Management program 
permits or a pproval under the Resource 
Conservation and Recovery Act (RCRA); 
(ii) NC Division of Environmental Manage- 
ment Non-Discharge permits; 
(iip Sewage Treatment and Disposal Permits 
issued in accordance with G.S. 130A, 
Article 11; and 
(iv) Other environmental permits required by 
state or federal law; 
(I) Up to four Standard Industrial Codes which 
best reflect the principal products or services 
provided by the facility; 
(J) Whether or not the facility is located on Indian 

lands; 
(K) Such other information as deemed necessary 
by the Director for the protection of human 
health and the environment. 

(2) For Type 5A7 and 5QM Wells,, in addition to 
the information required in Subparagraph (d)(1) 
of this Rule, the application shall include r 

(A) the owner's and op e rator's (if diff e r e nt than 
the own e r) nam e , addrooo and t e l e phon e num 
beit the heating/cooling system installation 
contractor's name, address, and telephone 
number; 

(B) — a looation diagram of e aoh w e ll showing 
diroction and distance to two nearby map 
reference points (such aa roads, intersection, 
or streams); 

(G) — a map ohowing the looation of all water oupply 
and other injection wells within a radius of 
1,000 foot of the proposed well, or greater as 
d e t e rmined by th e Dir e otor; 

(B) — a diagram showing th e d e tails of oonotruotion 
of existing wolls and of proposed wolls; 

(E) — tho proposod injection rate and pressure; 

(F-) — th e oh e mioal and phyoioal ohamoteristios of th e 
fluid to b e inj e ot e d; 

(G) — engineering details of equipment with which 
tho injected fluid comes in contract prior to 
disoharg e from th e syst e m; including typ e , 
composition, and wall thiokn e os of piping 
system; and 

(H) — such other information as required by those 
R e gulations and as d ee m e d n e c e ssary by th e 
Dir e ctor. 

(3) For Type 51 and 5_L Wells, in addition to the 
information required in Subparagraph (d)(1) of 
this Rule, the application shall include: 

(A) a brief description of the contamination inci- 
dent and incident number assigned by Division 
staff in the Department's Regional Office; 



(B) a site specific scaled map showing the follow- 
ing: 
(i) contour intervals not exceeding two feet; 
(ii) the location of all springs, lakes, ponds, or 
other surface drainage features within 1000 
feet of the injection well or well system; 
(iii) potentiometric surface showing direction 

of groundwater movement; and 
(iv) the horizontal and vertical extent of the 
contaminant 
isoconcentration 



plume (include 

lines and plume cross 



(Q 



sections): 
tabulation of data on all wells within 



1/4 



mile of the injection well(s). excepting water 
supply wells serving a single-family residence 
which penetrate the proposed injection zone. 
Such data shall include a description of each 
well's type, depth, record of abandonment or 
completion, and any additional information the 
Director may require; 

(D) a hydrogeologic description, soils description, 
and cross section of the subsurface to a depth 
that includes the known or projected depth of 
contamination signed and sealed by a North 
Carolina licensed geologist or registered engi- 
neer. The number of borings shall be suffi- 
cient to determine the following: 

(i) the regional geologic setting; 

(ii) significant changes in lithology; 

(iii) the hydraulic conductivity of the saturated 
zone; 

(iv) the depth to the mean seasonal high water 
table; and 

(v) a determination of transmissivity and 
specific yield of the aquifer to be used for 
injection (show calculations used for 
transmissivity and specific yield); 

(E) a detailed description of the proposed injection 
procedure including: 

average and maximum daily rate and 
quantity of fluid to be injected; 
average and maximum injection pressure; 
injection pressure relative to the overbur- 
den pressure of the soils and injection 
zone; 

injection temperature; and 
demonstration of closed-loop recovery of 
injected and contaminated fluids; 

(F) proposed concentration of any contaminant in 
the effluent, given any proposed pretreatment; 

(G) plans for proposed location and construction 
details of groundwater monitoring well net- 
work including schedule for sampling and 
analytical methods. 

(4} For Types 5B22, 5R21, 5S23, 5T, 5X25, and 
5Z wells, in addition to the information required 
in Subparagraph (d)(1) of this Rule, the applica- 



til 

till 
(iii) 



(iv) 
(Y) 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1858 



PROPOSED RULES 



tion shall include: 

(A) a detailed description of all planned activities 
relating to the proposed injection facility 
including but not limited to: 

(i) construction plans and materials; 
(ii) operation procedures; and 
(iii) planned injection schedule, 

(B) a hvdrogeologic description, soils description, 
and cross section of the subsurface to the depth 
of the proposed injection zone signed and 
sealed by a North Carolina licensed geologist 
or registered engineer. The number of borings 
shall be sufficient to determine the following: 

(i) the regional geologic setting; 

(ii) significant changes in lithology; 

(iii) the hydraulic conductivity of the saturated 
zone; 

(iv) the depth to the mean seasonal high water 

table; and 
(v) a determination of transmissivity and 
specific yield of the aquifer to be used for 
injection (show calculations used for 
transmissivity and specific yield), 

(C) plans for proposed location and construction 
details of groundwater monitoring well net- 
work including schedule for sampling and 
analytical methods, 

(d) (e) All applications for a new permit or renewal, 
modification^ or transfer of an existing permit shall be filed 
in sufficient time prior to construction and operation or 
expiration, modification.,, or transfer to allow compliance 
with all legal procedures. 

(e) £fj All reports must be signed by a person described 
in Paragraph (b) of this Rule or by a duly authorized agent 
of that person. All records, reports^ and information 
required to be submitted to the Director;- and public com- 
ment on these records, reports^ or information shall be 
disclosed to the public unless the person submitting the 
information can show that such information, if made public, 
would disclose methods or processes entitled to protection 
as trade secrets. The Director shall determine which 
information is entitled to confidential treatment. In the 
event the Director determines that such information is 
entitled to confidential treatment, be the Director shall take 
steps to protect such information from disclosure. Ho shall 
submit th e information considered to bo confid e ntial to th e 
R e gional Administrator, EPA. R e gion IV, for oonourr e no e 
in his determination of confidentiality. 

ff) (g) The Director shall consider the cumulative effects 
of drilling and construction of multiple wells and operation 
of all proposed wells within a well field during evaluation 
of an area permit application. 

(g) (h) Injection may not commence until construction is 
complete, the permittee has submitted notice of completion 
of construction to the Director^ and the Director has 
inspected or otherwise reviewed the injection well and finds 
it in compliance with the permit conditions. If the permittee 



has not received notice from the Director of intent to inspect 
or otherwise review the injection well within 10 days after 
the Director receives the notice, the permittee may com- 
mence injection. Prior to granting approval for the opera- 
tion of any injection well, the Director shall consider the 
following information when such information is required by 
these Regulations: 

(1) all available logging and testing data on the well; 

(2) a satisfactory demonstration of mechanical 
integrity pursuant to these Regulations; 

(3) the proposed operating procedures; 

(4) the results of the formation testing program; and 

(5) the status of corrective action on defective wells 
in the area of review. 

(h) £1} The Director may establish maximum injection 
volumes and pressures as necessary to assure that: 

(1) fractures are not initiated in the confining zone; 

(2) that injected fluids do not migrate outside the 
injection zone or area; 

(3) injected fluids do not cause or contribute to the 
migration of fluids beyond the compliance 
boundary; 

(4) that formation fluids are not displaced outside 
the formation; and 

(5) to assure there is compliance with operating 
requirements. 

(4} (j) A permit shall be issued for a period not to exceed 
five years from the date of issuance. On expiration of the 
permit, the permit shall become invalid unless application is 
made, at least 120 days prior to the expiration date, for an 
extension of the subject permit. 

(j) (k) The permittee shall at all times properly operate 
and maintain all facilities and systems of treatment and 
control (and related appurtenances) which are installed or 
used by the permittee to achieve compliance with the 
conditions of this permit. Proper operation and maintenance 
includes effective performance and adequate laboratory and 
process controls, including appropriate quality assurance 
procedures. This provision requires the operation of back-up 
or auxiliary facilities or similar systems only when neces- 
sary to achieve compliance with the conditions of the 
permit. 

(k) £1) The permit may be modified, revoked and 
reissued, or terminated by the Director in whole or part for 
good causer including but not limited to: 

(1) violation of any terms or conditions of the 
permit; 

(2) obtaining a permit by misrepresentation or 
failure to disclose fully all relevant facts; 

(3) refusal of the permittee to allow authorized 
employees of the Division upon proper presenta- 
tion of credentials: 

(A) to enter upon permittee's premises on which a 
system is located in which any records are 
required to be kept under terms and conditions 
of the permit; 

(B) to have access to and copy any records re- 



1859 



NORTH CAROLINA REGISTER 



November 15, 1995 10:16B 



PROPOSED RULES 



quired to be kept under terms and conditions 
of the permit; 
(O to inspect any monitoring equipment or method 

required in the permit; or 
CD) to sample any discharge from the injection 
facility. 
(in) The filing of an application by the permittee for a 
permit modification, revocation and reissuance,, or termina- 
tion, or a notification of planned changes or anticipated 
noncompliance, does not stay any permit condition. 

(I) (n) The permit does not convey any property rights of 
any sort, or any exclusive privilege. 

(») (o) The permittee shall furnish to the director 
Director any information which the Director may request to 
determine whether cause exists for modifying, revoking and 
reissuing^, or terminating the permit, or to determine 
compliance with the permit. The permittee shall also 
furnish to the dir e otor Director, upon request, copies of 
records required by the permit to be kept. 

(a) {o} The permittee shall allow the director Director. 
or an authorized representative, upon their presentation of 
credentials and other documents as may be required by law, 
to: 

(1) enter upon the permittee's premises where a 
regulated facility or activity is located or con- 
ducted, or where records must be kept under the 
conditions of the permit; 

(2) have access to and copy, at reasonable times 
during normal business hours , any records that 
must be kept under the conditions of the permit; 

(3) inspect, at reasonable times, any facilities, 
equipment (including monitoring and control 
equipment), practices, or operations regulated or 
required under the permit; and 

(4) sample or monitor, at reasonable times T and for 
the purposes of assuring permit compliances or 
as otherwise authorized, any substances or 
parameters. 

(e) £g) The permittee shall retain copies of records of all 
monitoring information, including all calibration and 
maintenance records, all original strip chart recordings for 
continuous monitoring instrumentation,, and copies of all 
reports required by this permit, for a period of at least three 
years from the date of the sample, measurement, reports or 
application. This period may be extended, by request of the 
Director, at any time. Records of monitoring information 
shall include: 

(1) the date, exact place, and time of sampling or 
measurements; 

(2) the individual(s) who performed the sampling or 
measurements; 

(3) the date(s) analyses were performed; 

(4) the individual(s) who performed the analyses; 

(5) the analytical techniques or methods used; and 

(6) the results of any such sampling, measurements,, 
and analyses. 

(p) {r) The permit shall not be transferable to any person 



except after notice to and approval by the Director. The 
Director may require modification or revocation and 
reissuance of the permit to change the name of the permittee 
and incorporate such other requirements as may be appropri- 
ate. 

{q) £s) The permittee shall report any monitoring or other 
information which indicates that any contaminant may cause 
an endangerment to an underground source of drinking 
water and any noncompliance with a permit condition or 
malfunction of the injection system which may cause fluid 
migration outside the injection zone or area. The informa- 
tion shall be provided, to the director Director , orally within 
24 eight hours of the occurrence and as a written submission 
within five days of the occurrence. The written submission 
shall contain a description of the noncompliance and its 
cause, the period of noncompliance, including exact dates 
and times, and if the noncompliance has not been corrected, 
the anticipated time it is expected to continue, and any steps 
taken or planned to reduce, eliminate,, and prevent reoccur- 
rence of the noncompliance. 

(t) The Commission may delegate, through a Memoran- 
dum of Agreement to another state agency, the authority to 
permit injection wells that are an integral part of a facility 
requiring a permit from that agency. 

(u) The following injection wells are deemed to be 
permitted pursuant to G.S. 87-87 and it shall not be neces- 
sary for the Division to issue individual permits for con- 
struction or operation of the following Class 5 Well Types: 
(1) Type 5P ; Air Injection Well which meets the 
following criteria: 

(A) The air to be injected shall not exceed the 
ambient air quality standards set forth in 15A 
NCAC 2D Section .0400 and shall not contain 
any detectable hazardous constituents: and 

(B) The operation of the air injection well shall not 
cause contaminated groundwater to migrate 
into an area not contaminated prior to initiation 
of injection activities or cause a contravention 
of a groundwater quality standard as specified 
in 15A NCAC 2L. 

£2} Type 5QW - Closed-Loop Geothermal-Water- 
Onlv Injection Well System which recirculates 
potable water only and meets the following 
criteria: 

(A) The construction of the system shall be com- 
pleted in such a manner so as to preclude 
surficial contaminants from entering the bore- 
hole; and 

(B) The person responsible for the construction of 
the injection well system shall submit notifica- 
tion of construction to the Division on forms 
supplied by the Division. 

(3) Type 5X30 - Aquifer Test Well which meets the 

following criteria: 

(A) The operation of the aquifer test well shall not 

cause contaminated groundwater to migrate 

into an area not contaminated prior to initiation 



10-.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1860 



PROPOSED RULES 



of injection activities or cause a contravention 
of a groundwater quality standard as specified 
in 15A NCAC 2L; and 
(B) The water to be injected shall be potable, 
(4) In addition to the criteria specified in Subpara- 
graph (u)(2) of this Rule, any test hole or boring 
shall be permanently abandoned by the driller in 
accordance with Rule ,0214 of this Section 
within two days after drilling or two days after 
testing is complete, whichever is less restrictive, 
except when a test well is being converted to a 
permanent injection well, in which case conver- 
sion shall be completed within 30 days. 

Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 
143-214.2(b); 143-215.1 A; 143-215. 3(a)(1); 143-215. 3(c); 
143-2 15.6(c); 40 CFR Part 144.52(7); 40 CFR Part 
145.11(a)(20). 

.0213 ADDITIONAL CRITERIA AND 
STANDARDS APPLICABLE TO 
CLASS 5 WELLS 

(a) — Th e oonstruotion or us e of th e following typ e s of 
Class V injection wolls, is prohibited: 

(4-) Typo 5D — Storm Water Drainage Wall, 

(3) Typo 5H — Gaooouo Hydrooarbon Storag e W e ll, 

(£) Typ e 5N — Nuol e ar Waste Diopooal or Storag e 

Well, and 

(4) Typo 5W — Waste Disposal Well. 

(b) — Th e oonstruotion or use of th e following typoo of 
Class V injection wollo may b e approv e d by th e Dir e ctor 
provided that they shall not bo used or operated to inject any 
wasto or contaminant and that injection will not result in the 
contamination of on und e rground souro e of drinking water: 

(4-) Typ e 5A Air Conditioning/Cooling Wat e r 

Return Woll, 

(3) Typo 5B — Salinity Barrier Woll, 

(3) Typo 5E — W e lls Us e d in Experim e ntal Teohnol 



(4J- 



Typ e 
ogi e o, 
Typo 5F 



Agricultural Drainage Woll, 



(£) Typo 5G — Other Drainage Wolls, 



&- 



Typ e 5R — R e oharg e W e ll, 



f£) Typ e 5S — Subsidence Control W e ll, and 



m- 



Typo 5X Other Class V Wolls. 



(a) (e) Location. 

(4} Typ e 5A, 5B, 5F, 5G, 5R. 5S, and 5X w e lls 

shall b e locat e d: 
(A-) — in an aroa not generally subject to flooding; 
(B) — at a site that is woll drained; 
(€•) — at a sit e that p e rmits aoo e ss for maint e nano e , 
r e pair. — tr e atm e nt, — t e sting, — and suoh — oth e r 
attention as may bo necessary; 
(D) — at a minimum horizontal distance of 50 foot 
from any wat e r tight s e wag e and liquid waste 
oollootion — faoility — (suoh as oast — iron pipo) 
oxcopt in tho oaso of wolls intended for a 
single family dwelling whoro it is not feasible 



to obtain 50 foot separation between a woll and 
a water tight liquid waste oollootion faoility 
b e oauoo of lot siz e or oth e r fixed conditions, 
tho horizontal separation distance shall bo tho 
maximum feasible distance, but in no case loss 
than 25 f ee t; 

(E) — at a minimum horizontal distance of 100 feet 
from any other sewage or liquid wasto colloc 
tion and disposal facility (such as a soptic tank 
and drain field) and any oth e r souro e of pot e n 
tial pollution or oontamination, e xo e pt in tho 
oaso of wolls intended for a single family 
dwelling whoro it is not feasible to obtain 100 
f ee t horizontal s e paration b e tw ee n a w e ll and 
a souroe of pot e ntial pollution or oontaminati eB 
because of lot size or other fixed conditions, 
tho s eparation distance shall bo tho maximum 
f e asible diotano e , but in no oas e l e ss than is in 
oonfonnity with all applioable federal, state, 
and local laws and regulations; and 

(F) — at a minimum horizontal distance of 10 foot 
form any prop e rty boundary. 

(1) For all well types, the injection well shall not be 
located in an area generally subject to flooding. 
Areas which have a propensity for flooding 
include those with concave slope, alluvial or 
colluvial soils, gullies, depressions, and drainage 
ways. 

(2) For Type 51. and 5L wells where the concentra- 
tion of any component of the injectant: 

(A) exceeds the groundwater quality standards 
specified in 15A NCAC 2L .0202, the injec- 
tion well shall not be located: 

(i) at a point where the injectant would de- 
grade the existing quality of the groundwa- 
ter in the water-bearing unit into which the 
injectant is being released; or 

(ii) at a point where, as a result of the injec- 
tion activity, corrective action would be 
required under 15A NCAC 2L .0106. 

(B) is less than the groundwater quality standards 
specified in 15A NCAC 2L .0202, the injec- 
tion well shall not be located at point where 
the injectant would result in a contravention of 
any of the aforementioned groundwater quality 
standards in the water-bearing unit into which 
the injectant is being released. 

(3) For all well types, the injection well must be 
located in an area which does not require a 
person to enter confined spaces to perform 
sampling and inspection activities. 

£4} For Type 5A7. 5R21. 5S23. 5X25. and 5Z 
wells, the minimum horizontal separation be- 
tween a well that is designed for injection at 
atmospheric pressure and potential sources of 
groundwater contamination shall be as follows 
unless it can be demonstrated to the Director's 



1861 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



satisfaction that a lesser separation distance will 
not result in a threat to human health or a con- 
travention of a groundwater quality standard as 
specified in 15A NCAC 2L: 
£A) Septic tank and drainfield 50 ft. 

(B) Other subsurface ground absorption waste 
disposal system 50 ft. 

(C) Industrial or municipal sludge-spreading or 
wastewater-irri gation sites 50 ft. 

(D) Water-tight sewage or liquid-waste collection 
or transfer facility 25 fi- 
re) Cesspools and privies 50 fL 

(F) Animal feedlots or manure piles ... 50 ft. 

(G) Fertilizer, pesticide, herbicide, or other chemi- 
cal storage areas 50 ft. 

(H) Sanitary landfills 500 ft. 

(T) Non-hazardous waste storage, treatment, or 

disposal lagoons 100 ft. 

(J) Other non-hazardous solid waste 

landfills 100 ft. 

(K) Animal barns 50 ft. 

(L) All other potential sources of groundwater 

contamination 50 ft. 

(5) For all other well types the minimum horizontal 
separation between a well that is designed for 
injection and potential sources of groundwater 
contamination shall be the distance necessary to 
prevent migration of contaminants or a violation 
of groundwater standards as demonstrated by 
hvdrogeologic computer modeling. 

(3) The looation of Typ e 5E w e lls shall b e : 

(A) — suitably accessible for maintenance and moni 

toring purposes; 
(S) — a minimum horizontal diotano e of 100 f ee t 
from any o e wag e , liquid wast e ooll e otion or 
disposal facility; 
(€) — a minimum horizontal diatanco of 100 foot 

from any prop e rty boundary; 
(&) — a minimum horizontal diotano e of 1000 foot 
from any water supply well and a minimum of 
3000 foot from any woll complotod in tho 
proposed injeotion zon e furnishing wat e r for 
municipal, industrial, oomm e roial, agricultural, 
or domestic purposoa 1 , and 
(E) — auch that injection is into a formation which 
has oonfining zonos that are fre e of open faults 
or fraotur e s within th e area of review. 
(b) Drilling Fluids and Additives. Drilling fluids and 
additives shall not contain organic or toxic substances and 
may be comprised only of: 

(1) the formational material encountered during 
drilling: or 

(2) materials manufactured specifically for the 
purpose of borehole conditioning or well con- 
struction; or 

(3) materials a pproved by the Director. 
(d) {ci Drilling, casing, screens, and testing. 



(1) In the drilling, casing, screening, and testing of 
injection wellsr procedures will be utilized such 
that: 

(A) a casing is installed which extends from at 
least 12 inches above land surface to the top of 
the injection zone or to a depth of 20 feet 
whichever is shallower; 

(B) tho methods and materials used are compatible 
with tho matorial(s) to bo injected and ap 
prov e d by th e Dir e ctor; well casing extending 
less than 12 inches above land surface may be 
a pproved by the Director only when the fol- 
lowing conditions are met: 

(i) site-specific conditions directly related to 
business activities, such as vehicle traffic, 
would endanger the physical integrity of 
the well; or 
(ii) it is not operationally feasible for the well 
head to be completed 12 inches above land 
surface due to the engineering design 
requirements of the system: and 
(iii) the well head is completed in such a man- 
ner so as to preclude surficial contami- 
nants from entering the well; and well 
head protection must include: 
(I) an accessible external sanitary seal 
installed around the casing and grout- 
ing; 
(ID a sufficient vertical distance between 
the top of the grouting and the top of 
the casing to prevent any surficial 
fluids from entering the injection well 
casing; and 
(Til) a water-tight seal is installed on the top 
of the casing. 

(C) the methods and materials used in construction 
shall not threaten the physical and mechanical 
integrity of the well during its lifetime (i.e., it 
shall be designed and constructed for th e lif e 
expectancy; to operate the projected life of the 
welO and shall be compatible with the pro- 
posed injection activities. In determining the 
suitability of the methods and materials to be 
used in the drilling, casing, screening, and 
testing, the Director shall consider the follow- 
ing: 

(i) depth to the injection zone: 

(ii) injection pressure, external pressure, 

internal pressure, and axial loading; 
(iii) hole size; 

(iv) size and grade of all casing (wall thick- 
ness, diameter, nominal weight, length, 
joint specification, and casing material); 

(v) size and grade of all screen material (wall 
thickness, nominal weight, diameter, 
length, joint specification, and screen 
material); 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1862 



PROPOSED RULES 



m- 



(vi) corrosiveness of injected and formation 

fluids; 
(vii) lithology of injection and confining zones; 
(viii) type and grade of cement; 
(ix) type and grade of drilling fluid and addi- 
tives; and 
(x) other applicable state and local well con- 
struction and environmental standards, 
multi -screened wells shall not connect aquifers 
or zones which have differences in water 
quality which would result in a degradation of 
any aquifer or zone; 

(E) the migration of fluids outside the ap- 
proved injection or recovery zone or area is 
not permitted; and 

(F) contaminants are not introduced into 
underground sources of drinking waterr unless 
specifically authorized by Statute or Rule; and 
the borehole shall not penetrate to a depth 
greater than the depth at which injection will 
occur unless the purpose of the borehole is the 
investigation of the geophysical and geochemi- 
cal characteristics of an aquifer. Following 
completion of the investigation the borehole 
beneath the zone of injection shall be grouted 
completely to prevent the vertical migration of 
any contaminants downward. 

In determining the suitability of tho methods and 



(D) 



*B) 



<& 



(G} 



mate - rials to bo used in tho drilling, casing, 
scr ee ning, and t e sting, th e Dir e ctor shall oon 
sidor the following: 

fA-) — depth to tho injection zone; 

(-B-) — injection pressure, oxtornal pressure, int e rnal 



(G)- 



pressure, and axial loading; 
hol e siz e ; 



m 



f&) — sizo and grado of all casing (wall thickness, 
diameter, nominal woight, length, joint spocifi 
oation, and casing mat e rial); 

f£) — siz e and grad e of all scre e n mat e rial (wall 
thickness, nominal woight, diamotor, longth, 
joint specification, and screen material); 

fp) — oorrosiv e nooo of injected and formation fluids; 

(G} — lithology of inj e ction and oonfining zon e s; 

(H) — typo and grado of comont; 
(t) — typo and grado of drilling fluid and additives; 

(J) — oth e r stat e and local w e ll construction stan 
dards. 
(2) In addition to the requirements of Subpara 
graphs Subparagraph (d) (c)(1) and (2) of this 
Rule, the testing requirements for all wells other 
than Type 5A7^ 5P, and 5X30 shall include but 
not be limited to: 
(A) Appropriate logs and other tests conducted 
during the drillingT and construction of the 
wells must be submitted to the Director within 
30 days of completion of well construction . A 



descriptive report interpreting the results of 
such logs and tests shall be prepared by a 
knowledgeable log analyst and submitted to the 
Director within 30 days of completion of the 
tests . The logs and tests appropriate to each 
type of Class V 5 well shall be determined by 
the Director based on the intended function, 
depth, construction, and other characteristics 
of the well, availability of similar data in the 
area of the drilling site^ and the need for 
additional information that may arise from 
time to time as the construction of the well 
progresses. At a minimum, such logs and 
tests shall include deviation checks conducted 
on all holes where pilot holes and reaming are 
used, and at sufficiently frequent intervals to 
assure that vertical avenues for fluid migration 
in the form of diverging holes are not created 
during drilling. In the case of area permits, 
the Director may authorize conduction logs 
and tests of the well field as a whole, rather 
than of each individual well within the well 
field. 

(B) When the injection zone is a water-bearing 
formation, the following information concern- 
ing the injection zone as determined or calcu- 
lated by the owner, a»d shall be submitted to 
the Director within 30 days of completion of 
the determinations in an integrated form: 

(i) fluid pressure; 
(ii) fluid temperature; 
(iii) fracture pressure; 
(iv) other physical and chemical characteristics 

of the injection zone; 
(v) physical and chemical characteristics of the 

formation fluids; and 
(vi) compatibility of injected fluids with forma- 
tion fluids. 

(C) When the injection formation is not a wa- 
ter-bearing formation, only the information 
required in Parts Subparagraphs (B)(iii) and 
(iv) of this Rule must be determined or calcu- 
lated and submitted to the Director within 30 
days of completion of the determinations. 

(D) Monitoring wells completed in the injection 
zone and any of those zones adjacent to the 
injection zone whioh could be affected by the 
injection operations. These wells shall be 
located in such a fashion as to detect any 
movement of injection fluids, process 
by-products, or formation fluids outside the 
injection area or zone. If the operation may 
be affected by subsidence or catastrophic 
collapse, the monitoring wells shall be located 
so that they will not be physically affectedr 
and shall be of an adequate number to detect 
movement of injected fluids, process 



1863 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



> 



> 



by-products, or formation fluids outside the 
injection zone or area. In determining the 
number, location and spacing of monitoring 
wells, the following criteria shall be consid- 
ered by the Director: 
(i) the population relying on the underground 
source of drinking water affected, or 
potentially affected, by the injection opera- 
tion; 
(ii) the proximity of the injection operation to 

points of withdrawal of drinking water; 
(iii) the local geology and hydrology; 
(iv) the operating pressures; 
(v) the chemical characteristics and volume of 
the injected fluid, formation water, and 
process by-products; and 
(vi) the density of injection wells. 
(E) For any wells that inject at a pressure exceed- 
ing atmospheric. Tests tests for mechanical 
integrity and injection capacity shall be con- 
ducted prior to any injection in accordance 
with Rule .0207 of this Section . 
(3) All piping, wiring, and vents shall enter the well 
through the top of the casing unless otherwise 
a pproved by the Director. 
£4} A hose bibb, sampling tap or other sampling 
device, as a pproved by the Director, shall be 
installed on the line entering the injection well 
such that a sample of the injectant can be ob- 
tained immediately prior to its entering the 
injection well. 
(e) (d) Grouting. Grouting and Sand-and-Gravel-Packing. 



(1) 



(A) 



(B) 



(C) 



> 



The annular space between the casing and the 
borehole shall be grouted: 
with a type of cement that is non-toxic and is 
non-reactive with the casing or screen materi- 
als, the formationj. and the injected fluids; 
by a pr e oour e method such that the physical 
and mechanical integrity of the well(s) is not 
threatened during its life expectancy; and 
from land surface to the top of the injection 
zon e or, in th e oaoo of Typ e 5A w e lls, from 
land surfac e: 

to a minimum depth of 20 feet when the 
well is greater than 20 feet in depth; or 
to within two feet of the top of the injec- 
tion zone in those wells less than 20 feet 
in depth, depth; or 

in another configuration, as approved by 
the Director, necessitated by engineering 
design of the injection facility; and 
so that the grout shall extend outward from the 
casing wall to a minimum thickness equal to 
either one-third of the diameter of the outside 
dimension of the casing or two inches, which- 
ever is greater. 
(2) In thoso instances whoro tho life expectancy of 



(i) 



(ii) 



(iii) 



ffl} 



tho woll will not oxcood 90 days, tho Director 
may consid e r modifications or d e l e tion of tho 
grouting r e quir e m e nts wh e r e ouoh modifications 
or deletion would not havo a dolotorious effect 
upon an underground souroo of drinking water. 

(2) Grout shall be placed around the casing by one 
of the following methods; 

(A) Pressure. Grout shall be pumped or forced 
under pressure through the bottom of the 
casing until it fills the annular area around the 
casing and overflows at the surface. 

(B) Pumping. Grout shall be pumped into place 
through a hose or pipe extended to the bottom 
of the annular space which can be raised as the 
grout is applied. The grout hose or pipe 
should remain submerged in grout during the 
entire a pplication. 

(C) Other. Grout may be emplaced in the annular 
space by gravity flow in such a way to insure 
complete filling of the space. 

(3) If an outer casing is installed, it shall be grouted 
by either the pumping or pressure method. 

(4) All grout mixtures shall be prepared prior to 
emplacement. 

(5) The well shall be grouted within five working 
days after the casing is set. 

(6) No additives which will accelerate the process of 
hydration shall be used in grout for thermoplas- 
tic well casing. 

(7) In those instances where the life expectancy of 
the well will not exceed 90 days, the Director 
may consider modifications or deletion of the 
grouting requirements where such modifications 
or deletion would not have a deleterious effect 
upon an underground source of drinking water. 

(8) Packing materials shall: 

(A) be composed of quartz, granite, or similar 
rock material and shall be clean, of uniform 
size, water-washed and free from clay, silt, or 
other deleterious material; 

(B) be disinfected prior to subsurface emplace- 
ment; 

(C) be emplaced such that it shall not connect 
aquifers or zones which have differences in 
water quality that would result in die deteriora- 
tion of the water qualities in any aquifer or 
zone; and 

(D) be evenly distributed around the screen and 
shall extend to a depth at least one foot above 
the top of the screen. A one foot thick seal, 
comprised of bentonitic clay or other material 
approved by the Director, shall be emplaced 
directly above and in contact with the packing 
material. 

(f) £e} Operating. 
(1) Pressure at the well head shall be limited to a 
maximum which will assure ensure that the 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1864 



PROPOSED RULES 



pressure in the injection zone does not initiate 
new fractures or propagate existing fractures in 
the injection zone, initiate fractures in the con- 
fining zone., or cause the migration of injected or 
formation fluids outside the injection zone or 
area. 

(2) Injection between the outermost casing protect- 
ing underground sources of drinking water and 
the well bore is prohibited. 

(3) In order to prev e nt outside oontaminants from 
entering th e top of th e oaoing, th e w e ll h e ad 
completion ahall bo subject to the requirements 
as follows: 

(A) — The top of th e oaoing shall b e out off smooth 

and level, bo fr ee of d e nts and oraoks, and 

shall terminate and bo maintained at least 12 

inches above land surfac e . 

{€) (3) Provisions will be made by the permittee for 

the monitoring of operating processes at the well 

head. 

(4) All injection wells shall be afforded reasonable 
protection against damage during construction 
and use. 

(g) (fj Monitoring. 

( 1 ) Monitoring of Typo 5 A any injection well wells 
may be required by the direotor Director as 
necessary to demonstrate adequate protection of 
underground sources of drinking water. In 
determining the type, density, frequency,, and 
scope of monitoring, the Director shall consider 
the following: 

(A) physical and chemical characteristics of the 
injection zone; 

(B) physical and chemical characteristics of the 
injected fluid(s); 

(C) volume and rate of discharge of the injected 
fluid(s); 

(D) compatibility of the injected fluid(s) with the 
formation fluid(s); 

(E) the number, type and location of all wells, 
mines, surface bodies of water, and man-made 
structures withing within the area of review; 

(F) proposed injection procedures; 

(G) expected changes in pressure, formation fluid 
displacement, and direction of movement of 
injected fluid; 

(H) proposals of corrective action to be taken in 
the event that a failure in any phase of injec- 
tion operations endangers an underground 
source of drinking water; and 
(I) the life expectancy of the injection operations. 

(2) Monitoring of all other typo 5 wolls shall bo 
conducted by tho well owner or operator ^ if 
required by the Director, shall be in accordance 
with the following requirements: 

(A) Samples and measurements, taken for the 
purpose of monitoring, shall be representative 



(Si 



of the monitored activity. 

(B) Th e analysis Analysis of the physical and 
chemical characteristics of the injected fluid 
shall be made monthly or more frequently, as 
necessary, in order to provide demonstrate 
representative data on its characteristics for 
characterization of the injectant . 

(C) Monitoring of injection pressure, flow rate, 
and cumulative volume shall occur doily ac- 
cording to a schedule determined necessary by 
the Director . 

fD) — A demonstration of mechanical integrity shall 
bo conducted at least once every year during 
th e lif e of th e inj e otion w e ll. 

(E) (D) Monitor Monitoring wells associated with 
the injection site shall be monitored quarterly 
to detect any migration of injected fluids from 
the injection zone. 

(F) £E) Th e Direotor may r e quir e th e The installa- 
tion and use of continuous recording devices to 
monitor the injection pressure, flow, rate, and 
volume of injected fluid shall be conducted 
according to industry standards . 

Injection Well Identification Plate. 



(1) An identification plate showing the name and 
registration number of the drilling contractor 
shall be permanently installed on the well within 
24 hours after completion of the drilling. 

(2) The identification plate shall be constructed of a 
durable weatherproof, rustproof metal or equiva- 
lent material. 

(3) The identification plate shall be securely attached 
to the well casing, or other location approved by 
the Director, where it is readily visible. 

(4) The identification plate shall not be removed 
from the well by any person. 

(5) The identification tag shall be stamped with a 
permanent marking within 30 days of completion 
of the well to show the following: 

(A) total depth of well; 

(B) casing depth (ft.) and inside diameter (in.); 

(C) screened intervals of screened wells; 

(D) gravel interval of gravel-packed wells; 

(E) yield, in gallons per minute (gpm), or specific 
capacity in gallons per minute per foot of 
drawdown (gpm ft.-dd); 

(F) static water level and date measured; 

(G) drilling contractor and registration number; 
and 

(H) date well completed. 
(h) Reporting. The well owner or op e rator shall be 
responsible for submitting to the Director on forms fur- 
nished by the Director, or m on an alternate approved form: 
(1) A record of the construction or abandonment or 

repairs of a well, to include: the owner's name; 
well location, size, and depth; casing record; 
method of completion or abandonment; forma- 



1865 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



> 



> 



I 



tion log; static water level; injection apparatus; 
and records of any surveys, geophysical logs, 
tests, or water analyses,, and changes in con- 
struction or in materials replaced. These re- 
cords shall be submitted within 30 days of 
completion of injection activities or abandon- 
ment of the well, whichever occurs earliest. 

(3) A record of any woll repair to include: the 

ownor'o name; tho well location, and the chang e 
in oonotruotion and mat e rials r e plac e d. — Thin 
rooord ohall bo aubmittod within 30 dayo of 
repair. 

(3) £2} Monthly Quarterly reports on required 
monitoring activities, which shall include: 

(A) the date, exact place, and time of sampling or 
measurements; 

(B) the individual(s) who performed the sampling 
or measurements; 

(C) the date(s) analyses are performed; 

(D) the individual(s) who performed the analyses; 

(E) the analytical techniques or methods used; and 

(F) the results of such sampling, measurements or 
analyses. 

Statutory Authority G.S. 87-87; 87-88; 87-94; 87-95; 143- 
211; 143-214.2(b); 143-215. 1A; 143-215.3(a)(l); 143- 
215.3(c); 143-21 5. 6(c). 

.0214 ABANDONMENT AND CHANGE-OF- 
STATUS OF WELLS 

(a) In the event Any any injection aadA>r associated 
monitor monitoring well which has boon is abandoned, 
either temporarily or permanently, the well owner shall 
notify the Director within 15 days and the well(s) shall be 
abandoned in accordance with one of the following proce- 
dures or other alternatives as specified by the Director: 

(1) Procedures for temporarily abandoned wells. 

(A) Upon temporary removal from service, or 
prior to being put into service, the well shall 
be sealed with a water-tight cap or seal com- 
patible with the casing and installed so that it 
cannot be removed easily by hand . 

(B) The well shall be maintained whereby it is not 
a source or channel of contamination to an 
underground source of drinking water during 
its temporary status. 

(C) The well shall be repaired or permanently 
abandoned, as specified by the Director, within 
30 days of receipt of notice from the depart- 
ment, upon finding that a well is acting as a 
source or channel of contamination to an 
underground source of drinking water. 

(2) Procedures for permanently abandoned wells. 
(A) All casing and materials may be removed prior 

to initiation of abandonment procedures if the 
Director finds such removal will not be re- 
sponsible for, or contribute to, the contamina- 



tion of an underground source of drinking 
water. Any casing not grouted in accordance 
with 15A NCAC 2C .0113 shall be removed 
or properly grouted. 

(B) The entire depth of the well shall be sounded 
before it is sealed to insure freedom from 
obstructions that may interfere with sealing 
operations. 

(C) The well shall be thoroughly chlorinated 
disinfected, prior to sealing, if the Director 
determines that failure to do so could lead to 
the contamination of an underground source of 
drinking water. 

(D) T-be Drilled wett wells shall be completely 
filled with cement grout, which shall be intro- 
duced into the well through a pipe which 
extends to the bottom of the well and is raised 
as the well is filled. "Bored" or hand-dug 
wells over 24 inches in diameter may be filled 
with an alternative material upon a pproval by 
the Director. 

(E) In the case of gravel-packed wells in which the 
casing and screens have not been removed, the 
caging shall bo perforated opposite tho gravol 
pack, at intervals not exceeding 10 foot, and 
grout inj e oted through th e p e rforations neat- 
cement shall be injected into the well com- 
pletely filling it from the bottom of the casing 
to the top . 

(F) In those cases when, as a result of the injec- 
tion operations, a subsurface cavity has been 
created, the well shall be abandoned in such a 
manner that will prevent the movement of 
fluids into or between underground sources of 
drinking water and in accordance with the 
terms and conditions of the permit. 

(b) Exploratory and/ or test wells, constructed for the 
purposes of obtaining information regarding an injection 
well site, shall be permanently abandoned in accordance 
with Subparagraph (a")(2~) of this Rule upon completion of 
their exploratory or testing status. 

(c) An injection well shall be permanently abandoned by 
the drilling contractor before removing his equipment from 
the site i f, for any reason prior to injection, the well casing 
has not been installed or has been removed from the well 
bore. 

Statutory Authority G.S. 87-87; 87-88; 143-211; 143- 
215.1 A; 143-215. 3(a)(1); 143-215.3(c). 

.0215 VARIANCE 

(a) The Director may grant a variance from any construc- 
tion or operation standards under the rules of this Section- 
Any variance will be in writing, and may be granted upon 
written application to the Director, by the person responsible 
for the construction of the well for which the variance is 
sought, if the Director finds facts to support the following 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1866 



PROPOSED RULES 



conclusions: 






that the use of the well will not endanger human 

health and welfare or the groundwater; 

that construction or operation in accordance with 

the standards was not technically feasible or 

desirable. 

(b) The Director may require the variance applicant to 
submit such information as he deems necessary to make a 
decision to grant or deny the variance. The Director may 
impose such conditions on a variance or the use of a well 
for which a variance is granted as he deems necessary to 
protect human health and welfare and the groundwater 
resources. The findings of fact supporting any variance 
under this Rule shall be in writing and made part of the 
variance. 

(c) A variance applicant who is dissatisfied with the 
decision of the Director may commence a contested case by 
filing a petition under G.S. 150B-23 within 60 days after 
receipt of the decision. 

Statutory Authority G.S. 87-87(4); 87-88; 143-215.1 A; 143- 
215.3(a)(4); 150B-23. 

.0216 DELEGATION 

(a) The Director is delegated the authority to grant 
permission for well construction under G.S. 87-87. 

fb) The Director is delegated the authority to give notices 
and sign orders for violations under G.S. 87-91. 

Statutory Authority G.S. 87-87(4); 143-215.1 A; 143- 
215.3(a)(1); 143-215. 3(a)(4). 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the DEHNR - Environmental Manage- 
ment Commission intends to amend rules cited as ISA NCAC 
2D .0101, .0501. .0516, .0518 - .0519, .0521, .0524, 
.0533, .0535, .0537, .0601, .0604. .0608, .0902, .1109, 
,1202, .1204 - .1206; 2H .0610; 2Q .0102 - .0103, .0109, 
.0201 - .0204, .0207, .0302, .0311, .0501 - .0503, .0507 

- .0508; repeal rules cited as 15 A NCAC 2D .0520, .0525, 
.0929; and adopt rules cited as 15A NCAC 2D .0539, .1110 

- .1111, .1901 - .1906; 2Q .0526. 

Proposed Effective Date: May 1, 1996. 

A Public Hearing will be conducted at 7:00 pm on Decem- 
ber 19, 1995 at the Archdale Building, Groundfloor Hearing 
Room, 512 North Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: 

ISA NCAC 2D .0101; 2Q .0103, .0109, .0201 - .0204, 
.0207, .0501, .0503, .0507 - To clarify and correct permit 
processing and permit fee rules. 

ISA NCAC 2D .0519, .0929; 2Q .0311 - To clarify emission 
standards for control of nitrogen dioxide and nitrogen 



oxides, to repeal the petroleum refinery source rule, and to 
remove a requirement for the permitting of facilities at 
multiple temporary sites. 

15 A NCAC 2D .0539 - To adopt a rule for the control of 
odorous emissions from feed ingredient manufacturing 
plans. 

15A NCAC 2D . 1204 - Remove requirement for continuous 
temperature measurement for pet crematories. 
15 A NCAC 2D .0501, .0516, .0518, .0521, .0524 - .0525, 
.0533, .0535, .0537, .0601, .0604, .0608, .0902, .1110 - 
.1111, .1202, .1205 - .1206; 2H .0610; 2Q .0302, .0502, 
. 0508 - To adopt New Source Performance Standards and 
Maximum Achievable Control standards by reference as they 
are federally promulgated unless the Director notices a 
substitute or excluded standard in the North Carolina 
Register and to recodify the National Emission Standards for 
Hazardous Air Pollutants into a new Section and correct 
associated cross-reference. 

15 A NCAC 2Q .0102 - To add and clarify permit exemp- 
tions. 

15 A NCAC 2D .0520, .1901 - .1905 - To clarify the 
requirements and provisions for permissible and non-permis- 
sible open burning. 

ISA NCAC 2D .1109; 2Q .0526 - To add and clarify Case- 
by-Case MACT procedures. 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearings. Any 
person desiring to comment for more than three minutes is 
requested to submit a written statement for inclusion in the 
record of proceedings at the public hearing. The hearing 
record will remain open until January 19, 1996, to receive 
additional written statements. Comments should be sent to 
and addition: 

Mr. Thomas C. Allen 

Division of Environmental Management 

PO Box 29580 

Raleigh, North Carolina 27626-0580 

(919) 733-1489 (phone) 

(919) 733-1812 (fax) 

Fiscal Note: Rules ISA NCAC 2D .0520, .1901 - .1906 
affect the expenditures and distribution of local government 
funds. 

Rule ISA NCAC 2Q .0103 affects the expenditure or 
distribution of State funds subject to the Executive Budget 
Act, Article 1 of Chapter 143 and local government funds. 
The remainder of the rules do not affect the expenditures or 
revenues of state or local government funds. 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUTREMENTS 

SECTION .0100 - DEFINITIONS AND 
REFERENCES 

.0101 DEFINITIONS 



1867 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



The definition of any word or phrase used in Rules of this 
Subchapter is the same as given in Article 21, Chapter 143 
of the General Statutes of North Carolina, as amended. The 
following words and phrases, which are not defined in the 
article, have the following meaning: 

(1) "Act" means "The North Carolina Water and Air 
Resources Act." 

(2) "Air pollutant" means an air pollution agent or (18) 
combination of such agents, including any physi- 
cal, chemical, biological, radiative substance or 
matter which is emitted into or otherwise enters (19) 
the ambient air. 

(3) "Ambient air" means that portion of the atmo- (20) 
sphere outside of buildings and other enclosed 
structures, stacks or ducts, and which surrounds 
human, animal or plant life, or property. (21) 

(4) "Approved" means approved by the Director of 
the Division of Environmental Management. 

(5) "Capture system" means the equipment (including 
hoods, ducts, fans, etc.) used to contain, capture, 

or transport a pollutant to a control device. (22) 

(6) "CFR" means "Code of Federal Regulations." 

(7) "Combustible material" means any substance 
which, when ignited, will burn in air. (23) 

(8) "Construction" means change in method of opera- 
tion or any physical change, including on-site 
fabrication, erection, installation, replacement, (24) 
demolition, or modification of a source, that 
results in a change in emissions or affects the 
compliance status. 

(9) "Control device" means equipment (fume incinera- (25) 
tor, adsorber, absorber, scrubber, filtermedia, 
cyclone, electrostatic precipitator, or the like) used 

to destroy or remove air pollutant(s) prior to (26) 
discharge to the ambient air. 

(10) "Day" means a 24-hour period beginning at 
midnight. 

(11) "Director" means the Director of the Division of 
Environmental Management unless otherwise (27) 
specified. 

(12) "Dustfall" means particulate matter which settles 
out of the air and is expressed in units of grams 

per square meter per 30-day period. (28) 

(13) "Emission" means the release or discharge, 
whether directly or indirectly, of any air pollutant 
into the ambient air from any source. 

(14) "Facility" means all of the pollutant emitting 
activities activities, except transportation facilities (29) 
as defined under Rule .0802 of this Subchapter, 

that are located on one or more adjacent properties (30) 
under common control. 

(15) "FR" means Federal Register. 

(16) "Fugitive emission" means those emissions which (31) 
could not reasonably pass through a stack, chim- 
ney, vent, or other functionally equivalent open- 
ing. 

(17) "Fuel burning equipment" means equipment whose 



primary purpose is the production of energy or 
power from the combustion of any fuel. The 
equipment is generally used for, but not limited 
to, heating water, generating or circulating steam, 
heating air as in warm air furnace, or furnishing 
process heat by transferring energy by fluids or 
through process vessel walls. 
"Garbage" means any animal and vegetable waste 
resulting from the handling, preparation, cooking 
and serving of food. 

"Incinerator" means a device designed to bum 
solid, liquid, or gaseous waste material. 
"Opacity" means that property of a substance 
tending to obscure vision and is measured in terms 
of percent obscuration. 

"Open burning" means any fire whose products of 
combustion are emitted directly into the outdoor 
atmosphere without passing through a stack or 
chimney, approved incinerator, or other similar 
device. 

"Owner or operator" means any person who 
owns, leases, operates, controls, or supervises a 
facility, source, or air pollution control equipment. 
"Particulate matter" means any material except 
uncombined water that exists in a finely divided 
form as a liquid or solid at standard conditions. 
"Particulate matter emissions" means all finely 
divided solid or liquid material, other than uncom- 
bined water, emitted to the ambient air as mea- 
sured by methods specified in this Subchapter. 
"Permitted" means any source subject to a permit 
under this Subchapter or Subchapter 15 A NCAC 
2Q. 

"Person" means any individual, partnership, 
co-partnership, firm, company, corporation, 
association, joint stock company, trust, estate, 
political subdivision, or any other legal entity, or 
its legal representative, agent or assigns. 
"PM10" means particulate matter with an aerody- 
namic diameter less than or equal to a nominal 10 
micrometers as measured by methods specified in 
this Subchapter. 

"PM10 emissions" means finely divided solid or 
liquid material, with an aerodynamic diameter less 
than or equal to a nominal 10 micrometers emitted 
to the ambient air as measured by methods speci- 
fied in this Subchapter. 

"Refuse" means any garbage, rubbish, or trade 
waste. 

"Rubbish" means solid or liquid wastes from 
residences, commercial establishments, or institu- 
tions. 

"Rural area" means an area which is primarily 
devoted to, but not necessarily limited to, the 
following uses: agriculture, recreation, wildlife 
management, state park, or any area of natural 
cover. 



10-.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1868 



PROPOSED RULES 



(32) "Salvage operation" means any business, trade, or 
industry engaged in whole or in part in salvaging 
or reclaiming any product or material, including, 
but not limited to, metal, chemicals, motor vehi- 
cles, shipping containers, or drums. 

(33) "Smoke" means small gas-borne particles resulting 
from incomplete combustion, consisting predomi- 
nantly of carbon, ash, and other burned or un- 
bumed residue of combustible materials that form 
a visible plume. 

(34) "Source" means any stationary article, machine, 
process equipment, or other contrivance, or 
combination thereof, or any tank-truck, trailer or 
railroad tank car from which air pollutants ema- 
nate or are emitted, either directly or indirectly. 

(35) "Sulfur oxides" means sulfur dioxide, sulfur 
trioxide, their acids and the salts of their acids. 
The concentration of sulfur dioxide is measured by 
the methods specified in this Subchapter. 

(36) "Total suspended particulate" means any finely 
divided solid or liquid material, except water in 
uncombined form, that is or has been airborne as 
measured by methods specified in this Subchapter. 

(37) "Trade wastes" means all solid, liquid, or gaseous 
waste materials or rubbish resulting from combus- 
tion, salvage operations, building operations, or 
the operation of any business, trade, or industry 
including, but not limited to, plastic products, 
paper, wood, glass, metal, paint, grease, oil and 
other petroleum products, chemicals, and ashes. 

(38) "ug" means micrograms. 

Statutory Authority G.S. 143-215. 3(a)(1); 143-213. 

SECTION .0500 - EMISSION CONTROL 
STANDARDS 

.0501 COMPLIANCE WITH EMISSION 
CONTROL STANDARDS 

(a) Purpose and Scope. The purpose of this Rule is to 
assure orderly compliance with emission control standards 
found in this Section. This Rule shall apply to all air 
pollution sources, both combustion and non-combustion. 

(b) In determining compliance with emission control 
standards, means shall be provided by the owner to allow 
periodic sampling and measuring of emission rates, includ- 
ing necessary ports, scaffolding and power to operate 
sampling equipment; and upon the request of the Division 
of Environmental Management, data on rates of emissions 
shall be supplied by the owner. 

(c) Testing to determine compliance shall be in accor- 
dance with the following procedures, except as may be 
otherwise required in Rules .0524, .0525, and .060 4 .0604, 
.1110, or .1111 of this Subchapter. 

(1) Method 1 of Appendix A of 40 CFR Part 60 
shall be used to select a suitable site and the 
appropriate number of test points for the follow- 



(A) 
(B) 
(Q 

(D) 



(E) 



(2) 



(3) 



(4) 



ing situations: 
particulate testing, 

velocity and volume flow rate measurements, 
testing for acid mist or other pollutants which 
occur in liquid droplet form, 
any sampling for which velocity and volume 
flow rate measurements are necessary for 
computing final test results, and 
any sampling which involves a sampling 
method which specifies isokinetic sampling. 
(Isokinetic sampling is sampling in which the 
velocity of the gas at the point of entry into the 
sampling nozzle is equal to the velocity adja- 
cent to the nozzle.) 
Method 1 shall be applied as written with the 
following clarifications: Testing installations 
with multiple breechings can be accomplished by 
testing the discharge stack(s) to which the multi- 
ple breechings exhaust. If the multiple breech- 
ings are individually tested, then 
Method 1 shall be applied to each breeching 
individually. If test ports in a duct are located 
less than two diameters downstream from any 
disturbance (fan, elbow, change in diameter, or 
any other physical feature that may disturb the 
gas flow) or one-half diameter upstream from 
any disturbance, the acceptability of the test 
location shall be subject to the approval of the 
Director, or his designee. 
Method 2 of Appendix A of 40 CFR Part 60 
shall be applied as written and used concurrently 
with any test method in which velocity and 
volume flow rate measurements are required. 
Sampling procedures for determining compliance 
with particulate emission control standards shall 
be in accordance with Method 5 of Appendix A 
of 40 CFR Part 60. Method 17 of Appendix A 
of 40 CFR Part 60 may be used instead of 
Method 5 provided that the stack gas tempera- 
ture does not exceed 320° F. The minimum 
time per test point for particulate testing shall be 
two minutes and the minimum time per test run 
shall be one hour. The sample gas drawn 
during each test run shall be at least 30 cubic 
feet. A number of sources are known to emit 
organic material (oil, pitch, plasticizers, etc.) 
which exist as finely divided liquid droplets at 
ambient conditions. These materials cannot be 
satisfactorily collected by means of the above 
Method 5. In these cases the Commission may 
require the use of Method 5 as proposed on 
August 17, 1971, in the Federal Register, Vol- 
ume 36, Number 159. 

The procedures for determining compliance with 
sulfur dioxide emission control standards for fuel 
burning sources may be either by determining 
sulfur content with fuel analysis or by stack 



1869 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



sampling. Combustion sources choosing to 
demonstrate compliance through stack sampling 
shall follow procedures described in Method 6 
of Appendix A of 40 CFR Part 60. When 
Method 6 of Appendix A of 40 CFR Part 60 is 
used to determine compliance, compliance shall 
be determined by averaging six 20-minute 
samples taken over such a period of time that no 
more than 20 minutes elapses between any two 
consecutive samples. If a source chooses to 
demonstrate compliance by analysis of sulfur in 
fuel, sampling, preparation, and analysis of fuels 
shall be in accordance with the following Ameri- 
can Society of Testing and Materials (ASTM) 
methods: 

(A) coal: 

(i) sampling-ASTM Method D 2234; 
(ii) preparation-- ASTM Method D 2013; 
(iii) gross calorific value (BTU)~ ASTM 

Method D 2015; 
(iv) moisture content— ASTM Method D 3173 

or D 5412; 
(v) sulfur content- ASTM Method D 3177 or 
ASTM Method D 4239; 

(B) oil: 

(i) sampling—A sample shall be collected at 
the pipeline inlet to the fuel burning unit 
after sufficient fuel has been drained from 
the line to remove all fuel that may have 
been standing in the line; 
(ii) heat of combustion (BTLT)~ASTM Method 

D 240 or D 2015; 
(iii) sulfur content- ASTM Method D 129 or D 
1552. 
The sulfur content and BTU content of the fuel 
shall be reported on a dry basis. When the test 
methods described in Parts (A) or (B) of this 
Subparagraph are used to demonstrate that the 
ambient air quality standards for sulfur dioxide 
are being protected, the sulfur content shall be 
determined at least once per year from a com- 
posite of at least three or 24 samples taken at 
equal time intervals from the fuel being burned 
over a three-hour or 24-hour period, respec- 
tively, whichever is the time period for which 
the ambient standard is most likely to be ex- 
ceeded; this requirement shall not apply to 
sources that are only using fuel analysis in place 
of continuous monitoring to meet the require- 
ments of Section .0600 of this Subchapter. 
(5) Sulfuric acid manufacturing plants and spodu- 
mene ore roasting plants shall demonstrate 
compliance with Rules .0517 and .0527, respec- 
tively, of this Section by using Method 8 of 
Appendix A of 40 CFR Part 60. Compliance 
shall be determined by averaging emissions 
measured by three one-hour tests. 



(6) All industrial processes not covered under 
Subparagraph (5) of this Paragraph emitting 
sulfur dioxide shall demonstrate compliance by 
sampling procedures described in Method 6 of 
Appendix A of 40 CFR Part 60. Compliance 
shall be determined by averaging six 20-minute 
samples taken over such a period of time that no 
more than 20 minutes elapses between any two 
consecutive samples. 

(7) Sampling procedures to demonstrate compliance 
with emission standards for nitrogen oxides shall 
be in accordance with the procedures set forth in 
Method 7 of Appendix A of 40 CFR Part 60. 

(8) Method 9 of Appendix A of 40 CFR 60 shall be 
used when opacity is determined by visual 
observation. 

(9) Notwithstanding the stated applicability to new 
source performance standards or primary alumi- 
num plants, the procedures to be used to deter- 
mine fluoride emissions are: 

(A) for sampling emissions from stacks, Method 
13 A or 13B of Appendix A of 40 CFR Part 
60, 

(B) for sampling emissions from roof monitors not 
employing stacks or pollutant collection sys- 
tems, Method 14 of Appendix A of 40 CFR 
Part 60, and 

(C) for sampling emissions from roof monitors not 
employing stacks but equipped with pollutant 
collection systems, the procedure under 40 
CFR 60.8(b), except that the Director of the 
Division of Environmental Management shall 
be substituted for the administrator. 

(10) Emissions of total reduced sulfur shall be mea- 
sured by the test procedure described in Method 
16 of Appendix A of 40 CFR Part 60 or Method 
16A of Appendix A of 40 CFR Part 60. 

(11) Emissions of mercury shall be measured by the 
test procedure described in Method 101 or 102 
of Appendix B of 40 CFR Part 61. 

(12) Each test (excluding fuel samples) shall consist 
of three repetitions or runs of the applicable test 
method. For the purpose of determining compli- 
ance with an applicable emission standard the 
average of results of all repetitions shall apply. 
In the event that a sample is accidentally lost or 
conditions occur in which one of the three runs 
must be discontinued because of forced shut- 
down, failure of an irreplaceable portion of the 
sample train, extreme meteorological conditions, 
or other circumstances, beyond the owner or 
operator's control, and there is no way to obtain 
another sample, then compliance may be deter- 
mined using the arithmetic average of the results 
of the two other runs. 

(13) In conjunction with performing certain test 
methods prescribed in this Rule, the determina- 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1870 



PROPOSED RULES 



tion of the fraction of carbon dioxide, oxygen, 
carbon monoxide and nitrogen in the gas being 
sampled is necessary to determine the molecular 
weight of the gas being sampled. Collecting a 
sample for this purpose shall be done in accor- 
dance with Method 3 of Appendix A of 40 CFR 
Part 60: 

(A) The grab sample technique may also be used 
with instruments such as Bacharach Fyrite 
(trade name) with the following restrictions: 

(i) Instruments such as the Bacharach Fyrite 
(trade name) may only be used for the 
measurement of carbon dioxide. 

(ii) Repeated samples shall be taken during the 
emission test run to account for variations 
in the carbon dioxide concentration. No 
less than four samples shall be taken dur- 
ing a one-hour test run, but as many as 
necessary shall be taken to produce a 
reliable average. 

(iii) The total concentration of gases other than 
carbon dioxide, oxygen and nitrogen shall 
be less than one percent. 

(B) For fuel burning sources, concentrations of 
oxygen and nitrogen may be calculated from 
combustion relations for various fuels. 

(14) For those processes for which the allowable 
emission rate is determined by the production 
rate, provisions shall be made for controlling 
and measuring the production rate. The source 
shall be responsible for ensuring, within the 
limits of practicality, that the equipment or 
process being tested is operated at or near its 
maximum normal production rate or at a lesser 
rate if specified by the Director or his delegate. 
The individual conducting the emission test shall 
be responsible for including with his test results, 
data which accurately represent the production 
rate during the test. 

(15) Emission rates for wood or fuel burning sources 
which are expressed in units of pounds per 
million BTU shall be determined by the "Oxy- 
gen Based F Factor Procedure" described in 40 
CFR Part 60, Appendix A, Method 19, Section 
5. Other procedures described in Method 19 
may be used if appropriate. To provide data of 
sufficient accuracy to use with the F-factor 
methods, an integrated (bag) sample shall be 
taken for the duration of each test run. In the 
case of simultaneous testing of multiple ducts, 
there shall be a separate bag for each sampling 
train. The bag sample shall be analyzed with an 
Orsat analyzer in accordance with Method 3 of 
Appendix A of 40 CFR Part 60. (The number 
of analyses and the tolerance between analyses 
are specified in Method 3.) The specifications 
indicated in Method 3 for the construction and 



operation of the bag sampling apparatus shall be 
followed. 

(16) Particulate testing on steam generators that 
utilize soot blowing as a routine means for 
cleaning heat transfer surfaces shall be con- 
ducted so that the contribution of the soot blow- 
ing is represented as follows: 

(A) If the soot blowing periods are expected to 
represent less than 50 percent of the total 
particulate emissions, one of the test runs shall 
include a soot blowing cycle. 

(B) If the soot blowing periods are expected to 
represent more than 50 percent of the total 
particulate emissions then two of the test runs 
shall each include a soot blowing cycle. 

Under no circumstances shall all three test runs 
include soot blowing. The average emission rate 
of particulate matter is calculated by the equa- 
tion: 

E A vg = E s S£A + B} + E ; (EiS-BS) 

AR R AR 

E AV0 equals the average emission rate in pounds 
per million Btu for daily operating time. E s 
equals the average emission rate in pounds per 
million Btu of sample(s) containing soot blow- 
ing. E N equals the average emission rate in 
pounds per million Btu of sample(s) with no soot 
blowing. A equals hours of soot blowing during 
sample(s). B equals hours without soot blowing 
during sample(s) containing sootblowing. R 
equals average hours of operation per 24 hours. 
S equals average hours of soot blowing per 24 
hours. If large changes in boiler load or stack 
flow rate occur during soot blowing, other 
methods of prorating the emission rate may be 
considered more appropriate; for these tests the 
Director or his designee may approve an alter- 
nate method of prorating. 

(17) Emissions of volatile organic compounds shall 
be measured by the appropriate test procedure in 
Section .0900 of this Subchapter. 

(18) Upon prior approval by the Director or his 
delegate, test procedures different from those 
described in this Rule may be used if they will 
provide equivalent or more reliable results. 
Furthermore, the Director or his delegate may 
prescribe alternate test procedures on an individ- 
ual basis when he considers that the action is 
necessary to secure reliable test data. In the 
case of sources for which no test method is 
named, the Director or his delegate may pre- 
scribe or approve methods on an individual 
basis. 

(d) All new sources shall be in compliance prior to 
beginning operations. 

(e) In addition to any control or manner of operation 



1871 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



necessary to meet emission standards in this Section, any 
source of air pollution shall be operated with such control or 
in such manner that the source shall not cause the ambient 
air quality standards of Section .0400 of this Subchapter to 
be exceeded at any point beyond the premises on which the 
source is located. When controls more stringent than named 
in the applicable emission standards in this Section are 
required to prevent violation of the ambient air quality 
standards or are required to create an offset, the permit shall 
contain a condition requiring these controls. 

(f) The Bubble Concept. A facility with multiple emis- 
sion sources or multiple facilities within the same area may 
choose to meet the total emission limitation for a given 
pollutant through a different mix of controls than that 
required by the rules in this Section or Section .0900 of this 
Subchapter. 

(1) In order for this mix of alternative controls to be 
permitted the Director shall determine that the 
following conditions are met: 

(A) Sources to which Rules .0524, .0525, .0530, 
and .0531 of thia Section, .0531. .QUO or 
.1111 of this Subchapter, the federal New 
Source Performance Standards (NSPS), the 
federal National Emission Standards for Haz- 
ardous Air Pollutants (NESHAPS), regulations 
established pursuant to Section 111 (d) of the 
federal Clean Air Act, or state or federal 
Prevention of Significant Deterioration (PSD) 
requirements apply, will have emissions no 
larger than if there were not an alternative mix 
of controls; 

(B) The facility (or facilities) is located in an 
attainment area or an unclassified area or in an 
area that has been demonstrated to be attain- 
ment by the statutory deadlines (with reason- 
able further progress toward attainment) for 
those pollutants being considered; 

(C) All of the emission sources affected by the 
alternative mix are in compliance with applica- 
ble regulations or are in compliance with 
established compliance agreements; and 

(D) The review of an application for the proposed 
mix of alternative controls and the enforcement 
of any resulting permit will not require expen- 
ditures on the part of the State in excess of 
five times that which would otherwise be 
required. 

(2) The owner(s) or operator(s) of the facility 
(facilities) shall demonstrate to the satisfaction of 
the Director that the alternative mix of controls 
is equivalent in total allowed emissions, reliabil- 
ity, enforceability, and environmental impact to 
the aggregate of the otherwise applicable individ- 
ual emission standards; and 

(A) that the alternative mix approach does not 
interfere with attainment and maintenance of 
ambient air quality standards and does not 



interfere with the PSD program; this demon- 
stration shall include modeled calculations of 
the amount, if any, of PSD increment con- 
sumed or created; 

(B) that the alternative mix approach conforms 
with reasonable further progress requirements 
in any nonattainment area; 

(C) that the emissions under the alternative mix 
approach are in fact quantifiable, and trades 
among them are even; 

(D) that the pollutants controlled under the alterna- 
tive mix approach are of the same criteria 
pollutant categories, except that emissions of 
some criteria pollutants used in alternative 
emission control strategies are subject to the 
limitations as defined in 44 FR 71784 (Decem- 
ber 11, 1979), Subdivision D.l.c.ii. The 
Federal Register referenced in this Part is 
hereby incorporated by reference and does not 
include subsequent amendments or editions. 

The demonstrations of equivalence shall be 
performed with at least the same level of detail 
as The North Carolina State Implementation plan 
for Air Quality demonstration of attainment for 
the area in question. Moreover, if the facility 
involves another facility in the alternative strat- 
egy, it shall complete a modeling demonstration 
to ensure that air quality is protected. Demon- 
strations of equivalency shall also take into 
account differences in the level of reliability of 
the control measures or other uncertainties. 

(3) The emission rate limitations or control tech- 
niques of each source within the facility (facili- 
ties) subjected to the alternative mix of controls 
shall be specified in the facility's (facilities') 
permits(s). 

(4) Compliance schedules and enforcement actions 
shall not be affected because an application for 
an alternative mix of controls is being prepared 
or is being reviewed. 

(5) The Director may waive or reduce requirements 
in this Paragraph up to the extent allowed by the 
Emissions Trading Policy Statement published in 
the Federal Register of April 7, 1982, pages 
15076-15086, provided that the analysis required 
by Paragraph (g) of this Rule shall support any 
waiver or reduction of requirements. The 
Federal Register referenced in this Paragraph is 
hereby incorporated by reference and does not 
include subsequent amendments or editions. 

(g) In a permit application for an alternative mix of 
controls under Paragraph (f) of this Rule, the owner or 
operator of the facility shall demonstrate to the satisfaction 
of the Director that the proposal is equivalent to the existing 
requirements of the SIP in total allowed emissions, enforce- 
ability, reliability, and environmental impact. The Director 
shall provide for public notice with an opportunity for a 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1872 



PROPOSED RULES 



request for public hearing following the procedures under 
15A NCAC 2Q .0300 or .0500, as applicable. If and when 
a permit containing these conditions is issued, it will become 
a part of the state implementation plan (SIP) as an appendix 
available for inspection at the department's regional offices. 
Until the U.S. Environmental Protection Agency (EPA) 
approves the SEP revision embodying the permit containing 
an alternative mix of controls, the facility shall continue to 
meet the otherwise applicable existing SIP requirements. 
The revision will be approved by EPA on the basis of the 
revision's consistency with EPA's "Policy for Alternative 
Emission Reduction Options Within State Implementation 
Plans" as promulgated in the Federal Register of December 
11, 1989, pages 71780-71788, and subsequent rulings. 

(h) The referenced ASTM test methods in this Rule are 
hereby incorporated by reference and include subsequent 
amendments and editions. Copies of referenced ASTM test 
methods or Federal Registers may be obtained from the 
Division of Environmental Management, P.O. Box 29535, 
Raleigh, North Carolina 27626-0535 at a cost of ten cents 
($0.10) per page. 



Statutory Authority G. S. 

143-215. 107(a)(5). 



143-215. 3 (a)(1); 



,0516 SULFUR DIOXIDE EMISSIONS FROM 
COMBUSTION SOURCES 

(a) Emission of sulfur dioxide from any source of 
combustion that is discharged from any vent, stack, or 
chimney shall not exceed 2.3 pounds of sulfur dioxide per 
million BTU input. Sulfur dioxide formed by the combus- 
tion of sulfur in fuels, wastes, ores, and other substances 
shall be included when determining compliance with this 
standard. Sulfur dioxide formed or reduced as a result of 
treating flue gases with sulfur trioxide or other materials 
shall also be accounted for when determining compliance 
with this standard. 

(b) A source subject to an emission standard for sulfur 
dioxide in Rule .0524, .0525, or .0527 of this S e ction 
.0527. .1110, or .1111 of this Subchapter shall meet that 
standard. 

Statutory Authority G.S. 143-215. 3(a)(1); 

143-215. 107(a)(5). 

.0518 MISCELLANEOUS VOLATILE ORGANIC 
COMPOUND EMISSIONS 

(a) This Rule shall be applicable to all sources of volatile 
organic compound emissions for which no other volatile 
organic compound emission control standards are applicable, 
including those standards found in Section .0900 of this 
Subchapter as well as Rules .052 4 and .0525 of this Section. 
.0524, . 1 1 10, or . 1 1 1 1 of this Subchapter, or 40 CFR Part 
63, 

(b) A person shall not place, store or hold in any station- 
ary tank, reservoir, or other container with a capacity 
greater than 50,000 gallons, any Liquid compound containing 



carbon and hydrogen or containing carbon and hydrogen in 
combination with any other element which has a vapor 
pressure of 1.5 pounds per square inch absolute or greater 
under actual storage conditions unless such tank, reservoir, 
or other container: 

(1) is a pressure tank, capable of maintaining work- 
ing pressures sufficient at all times to prevent 
vapor gas loss into the atmosphere; or 

(2) is designed and equipped with one of the follow- 
ing vapor loss control devices: 

(A) a floating pontoon, double deck type floating 
roof or internal pan type floating roof equipped 
with closure seals to enclose any space be- 
tween the cover's edge and compartment wall; 
this control-equipment shall not be permitted if 
the compound is a photochemically reactive 
material having a vapor pressure of 11.0 
pounds per square inch absolute or greater 
under actual storage conditions; all tank gaug- 
ing or sampling devices shall be gas-tight 
except when tank gauging or sampling is 
taking place; 

(B) a vapor recovery system or other equipment or 
means of air pollution control as approved by 
the Director which reduces the emission of 
organic materials into the atmosphere by at 
least 90 percent by weight; all tank gauging or 
sampling devices shall be gas-tight except 
when tank gauging or sampling is taking place. 

(c) A person shall not load in any one day more than 
20,000 gallons of any volatile organic compound into any 
tank-truck, trailer, or railroad tank car from any loading 
facility unless the loading uses submerged loading through 
boom loaders that extend down into the compartment being 
loaded or by other methods demonstrated to the Director to 
be at least as efficient. 

(d) With the exemptions of Paragraphs (g) and (h) of this 
Rule, a A person shall not discharge from all sources at any 
one plant site more than a total of 40 pounds of photochemi- 
cally reactive solvent into the atmosphere in any one day, 
from any article, machine, equipment or other contrivance 
used for employing, applying, evaporating or drying any 
photochemically reactive solvent or substance containing 
such solvent unless the discharge has been reduced by at 
least 85 percent by weight. Photochemically reactive 
solvents include any solvent with an aggregate of more than 
20 percent of its total volume composed of the chemical 
compounds classified in this Paragraph, or which exceed 
any of the following percentage composition limitations, 
referred to the total volume of the solvent: 

(1) a combination of hydrocarbons, alcohols, alde- 
hydes, esters, ethers, or ketones having an 
olefinic or cyclo-olefinic type of unsaturation— 
five percent; 

(2) a combination of aromatic hydrocarbons with 
eight or more carbon atoms to the molecule 
except ethylbenzene— eight percent; 



1873 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



(3) a combination of ethylbenzene, ketones having 
branched hydrocarbon structure, trichloroethyl- 
ene, or toluene—20 percent. 
Whenever any photochemical ly reactive solvent, or any 
constituent of any photochemically reactive solvent may be 
classified from its chemical structure into more than one of 
the groups of chemical compounds in this Paragraph, it shall 
be considered as a member of the most reactive chemical 
compound group, that is, that group having the least 
allowable percent of the total volume of solvents. Diacetone 
alcohol and perchloroethylene are not considered photo- 
chemically reactive under this Rule. Compounds that are 
not volatile organic compounds as defined under 40 CFR 
51.100 are also not considered photochemically reactive 
under this Rule. 

(e) A source need not comply with Paragraphs (b), (c), 
or (d) of this Rule if it complies with otherwise applicable 
rules in Section .0900 of this Subchapter. However, the 
source shall not comply with Rules .0902 through .0911, 
.0950, .0951(a), and .0952 of this Subchapter. This 
Paragraph shall not apply to sources locQted in an aroa 
identifi e d in Rul e .0 9 02(a) of thio Subohapt e r subject to the 
requirements of Section .0900 of this Subchapter because of 
Rule .0902(d), (e^. or £fj of this Subchapter . 

(f) Any source to which this Rule applies shall be 
exempted from the requirements of Paragraphs (b), (c), or 
(d) if control equipment is installed and operated which 
meets the requirements of best available control technology 
as defined in and determined by procedures of Rule .0530 
of this Section. A new best available control technology 
determination and procedure need not be performed if in the 
judgement of the Director a previous best available control 
technology determination is applicable. 

(g) Sources at a plant site with emission limits established 
by Paragraphs (e) or (f) of this Rul e Rule, Rule .0524. 
.1110 or .1111 of this Subchapter, or 40 CFR Part 63 shall 
be excluded from consideration when determining the 
compliance of any remaining sources with Paragraph (d) of 
this Rule. 

(h) Recycled solvents shall be considerd non-photochemi- 
callv reactive ifc 

(1) The solvants are recycled on-site; 

(2) The solvents were originally non-photochemi- 
callv reactive: and 

(3) All make-up solvents added to the recycled 
solvents are non-photchemicaliv reactive. 



any coal firod boiler with a capacity of 250 
million BTU p e r hour or mor e ; 

(1) {3} 5.8 pounds per ton of acid produced from 
any nitric acid manufacturing plants; 

(2) (4) 5.8 pounds per ton of acid produced from 
any sulfuric acid manufacturing plant. 

(b) The emissions of nitrogen oxides shall not exceed: 

(1) 0.8 pounds per million BTU of heat input from 
any oil or gas-fired boiler with a capacity of 250 
million BTU per hour or more; 

(2) 1.8 pounds per million BTU of heat input from 
any coal-fired boiler with a capacity of 250 
million BTU per hour or more. 

(c) The emission limit for a boiler that bums both coal 
and oil or gas in combination shall be calculated by the 
equation E = [(Ec) (Qc) + (Eo) (Qo)] / Qt. 

(1) E = the emission limit for combination in 
lb/million BTU. 

(2) Ec = emission limit for coal only as determined 
by Paragraph (a) or (b) of this Rule in lb/million 
BTU. 

(3) Eo = emission limit for oil or gas as determined 
by Paragraph (a) or (b) of this Rule in lb/million 
BTU. 

(4) Qc = the actual coal heat input to the combina- 
tion in BTU Air. 

(5) Qo = the actual oil and gas heat input to the 
combination in BTU/hr. 

(6) Qt = Qc + Qo and is the actual total heat input 
to the combination in BTU/hr. 



Statutory Authority 

143-215. 107(a)(5). 



G.S. 



143-215. 3(a)(1); 



.0520 CONTROL AND PROHIBITION OF OPEN 
BURNING 



Statutory Authority 

143-215. 107(a)(5). 



.0519 



G.S. 



CONTROL OF NITROGEN DIOXIDE AND 
NITROGEN OXIDES EMISSIONS 

(a) The emissions of nitrogen dioxide shall not exceed: 
ft) 0.6 pounds p e r million BTU of h e at input from 

any oil or goo fir e d boiler with a capacity of 250 

million BTU per hour or more; 
f2) 1.3 pounds per million BTU of hoat input from 



fa) — Purpose. — This Regulation is for the purpose of 
pr e v e nting, abating, and controlling air pollution r e oulting 
from air oontaminanto rel e as e d in th e open burning of r e fus e 
or other combustible mat e rials. 

fb) — Scope. — This Regulation applies to all operations 
involving op e n burning oxoept thos e sp e oifioally e xempted 
by Paragraph (d) of thio R e gulation. 

fa) — A person shall not cause, allow, or permit open 
burning of refuse or other combustible material except those 
oov e r e d by a p e rmit issu e d under the authority of th e 
Commission und e r S e otion H3 215.10 8 of th e aot or th e 
143-215. 3(a)(1); regulations of a duly certifi e d local air pollution control 
program having jurisdiction. 

fd) — P e rmissibl e Op e n Burning. — Whil e r e cognizing that 
open burning contribut e s to air pollution, th e CommiBBion 
is awaro that certain typos of open burning may reasonably 
bo allowed in tho public interest. — Therefore, the following 
typ e o of open burning ar e p e rmiooibl e as sp e cifi e d if burning 
is not prohibit e d by ordinonoeo and r e gulations of gov e rn 
montal entities having jurisdiction. Tho authority to conduct 
opon burning under tho provisions of this Regulation doe s 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1874 



PROPOSED RULES 



not oxompt or excuse any person from tho consequence s , 
damages or injuries whioh may r e sult from thio oonduot. It 
dooo not e xous e or e x e mpt any p e rson from complying with 
all applicable laws, ordinances, regulations and orders of tho 
governmental entities having jurisdiction ov e n though tho 
open burning is conduct e d in complianc e with thio R e gula 
tie&r — Pormiooion grant e d und e r tho authority of the Com 
mission under this Regulation shall bo subject to continuing 
review and may bo withdrawn at any time. — Permissib le 
op e n burning io: 

(4) fir e s purpos e ly o e t for th e inotruotion and train 

ing of fire fighting personnel when conducted 
undor tho supervision of: 
(A-) — th e North Carolina Inourano e D e partm e nt, 
fB) — North Carolina technioal institut e s, or 
{G) — tho North Carolina community colleges, in 
eluding: 

(i) tho North Carolina Firo Coll e g e , and 

(«) th e North Carolina R e scu e Coll e g e , whioh 

are conducted with tho cooperation of ono 
or both of those agencies; 

(3) fires purpos e ly set for the inotruotion and train 

ing of firo fighting p e rsonn e l — at p e rman e nt 
firo fighting training facilities when conducted 
by a firo department, but those fires will not bo 
permitted if th e primary purpos e in s e tting th e 
fire is refuse disposal or recovery' of salvag e abl e 
materials. — Factors which may bo considered in 
dotormination of primary purpose include typo, 
amount, and natur e of oombustiblo substances; 

(3) fir e s purpos e ly s e t for th e inotruotion and train 

ing of industrial firo fighting personnel in train 
ing programs which are ropotitiou3 and oontinu 

etM — in natur e . A plan containing program 

asp e cts r e lat e d to possibl e air pollution inolud 
ing, but not limited to: 
(A) — nature and location of tho oxerciso, 
(B) — natur e of mat e rial to b e burn e d, 
(C) — amount of e ach typ e of material to b e burned, 
(©) — training objectives of tho exorcise, and 
f&) — insofar as it is known, a schedule of dates and 
times of th e exorcis e s, has b ee n submitt e d to 
and has been approv e d by th e Director. — Th e s e 
fires, howovor, will not bo permitted if tho 
primary purpose in setting tho fire is rofuso 
disposal or recovery of salvag e abl e mat e rials. 
Factors whioh may b e consid e red in d e t e rmina - 
tion of primary purpose include typo, amount 
and nature of combustible substanoos. — Any 
d e viations from th e dat e s and tim e s of e x e r 
oio e s, including addition s , postpon e ments, and 
delations, submitted in the schedule in tho 
approved plan will bo communicated verbally 
to th e appropriate d e partm e ntal fi e ld offic e at 
least ono hour b e for e th e ohang e ; 

(4) fires purposely s e t for tho instruction and train 

ing of public and industrial firo fighting person 



nol not covered undor Subparagraphs (1), (2), or 
(3) of this Paragraph, if tho training program 
asp e ots r e lat e d to possible air pollution effooto 
aro approved in advance by tho Air Quality 
Section and if those fire fighting exorcise condi 
tions ar e m e t: 
fA) — Th e appropriat e d e partm e ntal field offio e shall 
bo initially notified orally or in writing at least 
4 8 hours in advance of any burning conducted 
in oonjunotion with a fire training e x e roioe. — U 
initial notio e is giv e n orally, a writt e n notifioa 
tion shall also bo submitted within 24 how s 
after tho initial oral notification. — Tho notifioa 
tion, e ith e r writt e n or oral, shall inolud e : 

{+) natur e and looation of th e e x e rois e , 

(h} date and timo that tho exorcise is to bo 

held 

(«i) natur e of mat e rials to b e burn e d, 

(iv) amount of each typ e of mat e rial to b e 

burned, and 

(v) training objectives of tho exorcise. 

fft) — Th e burning of salvag e abl e it e ms, inoluding 
but not limit e d to insulated wire and e l e otrio 
motors, — shall — &et — be — exempted — as — a 
fire training oxerciso, oxcopt as provided in 
Subpart (C) (iii) of this Subparagraph. 
(€} — Th e r e gional offio e sup e rvisor for the appro 
priato departmental field office may withhold 
approval — for — burning s — purposely — set — fef 
fir e fighting e xoroisoo, other than thos e d e 
scribed in Subparagraphs (1), (2), and (3) of 
this Paragraph, in tho following cases: 

(i) whon tho required notice has not boon 

r e o e iv e d 4 8 hours in advanc e of the pro 
pos e d burning; 

(h) whon tho required notice doos not include 

adequate details about: 

(I) tho nature and looation of th e e x e rois e , 

(ff) dat e and tim e that th e e x e rois e io to bo 

held 

(IB) nature of objects or materials to bo 

burn e d, 

(W) amount of e ach typ e of mat e rial to 

burned, and 

f¥) training objectives of tho oxorcisos; 

(«i) wh e n salvageable it e ms are propos e d to bo 

burn e d in oonjunotion with th e e xeroise, 
oxocpt that tho regional office supervisor 
may allow an exorcise involving tho burn 
ing of a motor v e hicle if th e sol e objective 
is instruction on th e t e chniqu e s of fighting 
3uch a fire; tho number of motor vehicles 
burned over a period of timo by any ono 
training unit or by s e v e ral related training 
units shall b e consid e r e d in det e rmining 
tho objective of tho oxorcisos; 
(iv) whon tho training unit has entered a foi n ial 



1875 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



> 



or informal contractual relationship prior 
to any burning incorporated into a training 
ex e roio e whoroin the unit io comp e nsat e d 
for conducting the burning; 

(5) fires purposely sot by manufacturers of firo 

extinguishing mat e rials or e quipment, tooting 
laboratories, or oth e r p e rsons approv e d by the 
Commiss ieft; — for the purpose of testing or 
developing those materials — or equipment in 
accordanc e with a valid standard qualification 
program; 

(6) fires purposely sot to agricultural lands for 

disease and post control and other accepted 
agricultural or wildlife management praotio e s 
aoo e ptablo to the Commission; 

f?) fires purposely sot to forest lands for forest 

management practices acceptable to tho Division 
of forestry and th e Commission; 

(8) fir e s — purpos e ly — set — in — rural — ar e as — for 

rights of way — main te nance — ea4y — in — instances 
where there are no other practicable or feasible 
methods of disposal and und e r conditiono aoo e pt 
abl e to the Commission; 

(9) oamp fires and fires used solely for outdoor 

cooking and other recreational purposes, or for 
c e r e monial oooasions, or for human warmth and 
oomfort; - 

(49) open burning of loaves, tree branches or yard 

trimmings originating on tho promises of private 
r e sid e nc e s and burned on thos e pr e mis e s in ar e as 
wh e r e no publio piokup faciliti e s ar e availabl e . 
Tho burning s hall bo between 8 :00 a.m. and 
6:00 p.m. and shall not create a nuisance; 

(444 op e n burning for land ol e aring or right of way 

maint e nanc e in ar e as oth e r than those zoned 
solely residential or used primarily for rosidon 
tial purposes, if tho following conditions are 

(A) — Pr e vailing winds at th e time of burning shall 
bo away from any city or town or built up 
area, tho ambient air of which may bo signifi 
oantly aff e oted by smoke, fly ash, or oth e r air 
pollutants from tho burning; 

(B) — Tho location of tho burning shall bo at least 
1,000 foot from any dwelling located in a 
pr e dominantly r e sid e ntial area oth e r than a 
dw e lling structur e locat e d on tho prop e rty on 
which tho burning is do ne- 
Tho amount of dirt on tho material being 






burn e d shall bo minimizod t 

H e avy oils, asphaltio mat e rials, items oontain 



ing natural or synthetic rubber, or any matori 
alo other than plant growth shall — not bo 



> 



<B)- 



burned; 

Initial — burning ohall — g e n e rally — b e gin — only 
between tho hours of 9:00 a.m. and 3:00 p.m., 
and no combustible material shall bo added to 



Wh 



tho fire between 3:00 p.m. on one day and 
9:00 a.m. on tho following day, except that, 
und e r — favorabl e — m e t e orologioal conditions, 
deviation from those hours of burning may bo 
granted by tho air pollution control agency 
having jurisdiction. — Th e own e r or op e rator of 
th e op e n burning operation shall bo responsible 
for obtaining written approval for burn ing 
during periods other than those specified in 
this Part; 
fires for th e disposal of dangerous materials 



whore there is no alternative method of disposal, 
and burning i s conducted in accordance with 
procedur e s acc e ptabl e to the Commission. 



Statutory Authority 

143-215. 107(a)(5). 



as. 



143-215. 3(a)(1); 



.0521 CONTROL OF VISIBLE EMISSIONS 

(a) Purpose. The intent of this Rule is to promulgate 
rules pertaining to the prevention, abatement, and control of 
emissions generated from fuel burning operations and other 
industrial processes where an emission can be reasonably 
expected to occur, except during startups made in accor- 
dance with procedures approved by the Commission. 

(b) Scope. This Rule shall apply to all fuel burning 
sources and to other processes that may have a visible 
emission. However, sources subject to an emission standard 
in Rule .0508, .052-1 or .0525 of this Section .0524. .1110, 
or .1111 of this Subchapter shall meet that standard. 

(c) For sources existing as of July 1, 1971, visible 
emissions shall not be more than 40 percent opacity when 
averaged over a six-minute period except that six-minute 
periods averaging not more than 90 percent opacity may 
occur not more than once in any hour nor more than four 
times in any 24-hour period. 

(d) For sources established after July 1, 1971, visible 
emissions shall not be more than 20 percent opacity when 
averaged over a six-minute period except that six-minute 
periods averaging not more than 87 percent opacity may 
occur not more than once in any hour nor more than four 
times in any 24-hour period. 

(e) Where the presence of uncombined water is the only 
reason for failure of an emission to meet the limitations of 
Paragraph (c) or (d) of this Rule, those requirements shall 
not apply. 

(f) Exception from Opacity Standard in Paragraph (d) of 
this Rule. Sources established after July 1, 1971, may, 
subject to the following conditions, receive an exception 
from the opacity standard contained in Paragraph (d) of this 
Rule. These sources may produce emissions up to those 
allowed by Paragraph (c) of this Rule if: 

(1) The owner or operator of the source demon- 
strates compliance with applicable particulate 
mass emissions standards; and 

(2) The owner or operator of the source submits 
necessary data to show that emissions up to 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1876 



PROPOSED RULES 



those allowed by Paragraph (c) of this Rule will 
not violate any national ambient air quality 
standard. 
The burden of proving these conditions is on owner or 
operator of the source and shall be approached in the 
following manner. The owner or operator of a source 
seeking an exception shall make application to the Director 
requesting this modification in its permit. The applicant 
shall submit the results of a source test within 90 days of 
application. Source testing shall be by the appropriate 
procedure as designated by rule. During this same period 
the applicant shall submit data necessary to determine that 
emissions up to those allowed by Paragraph (c) of f his Rule 
will not contravene ambient air quality standards. This 
evidence shall include, as a minimum, an inventory of past 
and projected emissions from the facility. In its review of 
ambient air quality, the Division of Environmental Manage- 
ment may require additional information that it considers 
necessary to assess the resulting ambient air quality. If the 
applicant can thus show that it will be in compliance both 
with particulate mass emissions standards and ambient air 
quality standards, his permit shall be modified to allow 
emissions up to those allowed by Paragraph (c) of this Rule. 

Statutory Authority G.S. 143-215. 3(a)(1); 

143-215. 107(a)(5). 

.0524 NEW SOURCE PERFORMANCE STANDARDS 

(a) With the exception of Paragraph (b) of this Rule, 
sources Sources of th e following typos when subject to new 
source performance standards promulgated in 40 CFR Part 
60 shall comply with the emission standards, monitoring and 
reporting requirements, maintenance requirements, notifica- 
tion and record keeping requirements, performance test 
requirements, test method and procedure provisions, and 
any other provisions, as required therein, rather than with 
any otherwise-applicable Rule in this Section which would 
be in conflict therewith . N e w oouro e o of volatil e organic - 
compounds that are locat e d in an aroa designat e d in 10 CFR 
8 1.33 4 as nonattainmont for ozone or an area identified in 
accordance with 15 A NCAC 2D .0902(d) as being in 
violation of th e ambi e nt air quality standard for ozon e ohall 
oomply with th e following r e quirem e nts, as well as with any 
applicable requirements in Section .0900 of this Subchapter: 
fH fossil fuel fired steam generators ( 4 CFR 6 0r4 

to 60.49, Subpart D); 
(3) incin e rators (40 CFR 60.1 to 60.39 and 60.50 to 

60.59, Subpart (E); 
(3) portland cement plants ( 4 CFR 60.1 to 60.39 

and 60.60 to 60.69, Subpart F); 

nitric - aoid plants (40 CFR 60.1 to 60.39 and 

60.70 to 60.79, Subpart G); 



60. 100 to 60. 109, Subpart J); 

(&) storag e v e ss e ls for petrol e um liquids for which 

oonstruotion, — r e construction, — or modification 



(44- 



sulfuric acid plants ( 4 C.F.R. 60.1 to 60.39 

and 60. 8 to 60.89, Subpart H); 

asphalt oonor e t e plants (40 CFR 60.1 to 60.39 

and 60.90 to 60. 99 , Subpart I); 

petroleum refineries ( 4 CFR 60. 1 to 60.39 and 



tm- 



commenced after Juno 11, 
May 19, 197 8 ( 4 CFR 



1973, and prior to 
60.1 to 60.39 and 



60. 1 10 to 60. 1 19, Subpart K); 
(9) seoondary load smelters (40 CFR 60.1 to 60.39 

and 60.120 to 60.129, Subpart L); 
(40) secondary brass and bronze ingot production 

plants(40 CFR 60.1 to 60.39 and 60.130 to 

60.139, Subpart M); 
<44-) iron and stool plants ( 4 CFR 60. 1 to 60.39 and 

60.1 4 to 60.149, Subpart N); 
(43) s e wag e treatm e nt plants (40 CFR 60.1 to 60.39 

and 60.150 to 60.159, Subpart O); 

pho3phato fertilizer industry; wot process phos 



phoric aoid plants ( 4 CFR 60.1 to 60.39 and 

60.200 to 60.209, Subpart T); 
(44) phosphat e f e rtiliz e r industry: sup e rphoephorio 

acid planta (40 CFR 60. 1 to 60.39 and 60.210 to 

60.219, Subpart U); 
(45) phosphat e — fertilizer — industry: — diammonium 

phosphat e plants (40 CFR 60.1 to 60.39 and 

60.220 to 60.229, Subpart V); 
(+6) phosphate fortilizor industry: triplo suporphos 

phat e plants (40 CFR 60.1 to 60.39 and 60.230 

to 60.239, Subpart W); 
(47) phosphate fortilizor industry: — granular triplo 

superphosphate storage facilities ( 4 CFR 60. 1 

to 60.39 and 60.240 to 60.249, Subpart X); 
(48) st ee l industry: olootrio aro furnao e s (40 C FR 

60.1 to 60.39 and 60.270 to 60.279, Subpart 

AA)t 
(49) ooal pr e paration plants (40 CFR 60.1 to 60.39 

and 60.250 to 60.259, Subpart Y); 
(30) primary copper smelters ( 4 CFR 60.1 to 60.39 

and 60.160 to 60.169, Subpart P); 
(34) primary zino sm e lt e rs (10 CFR 60.1 to 60.39 

and 60.170 to 60.179, Subpart Q); 
(33) primary load smelters ( 4 CFR 60.1 to 60.39 

and 60.180 to 60.1 89 , Subpart R); 



(33) primary aluminum r e duotion plants (40 CFR 

60. 1 to 60.39 and 60. 190 to 60. 199, Subpart S); 
(34) ferroalloy production facilities (40 CFR 60. 1 -te 

60.39 and 60.260 to 60.269, Subpart Z); 
(34) kraft pulp mills (40 CFR 60.1 to 60.39 and 

60.2 8 to 60.2 8 9, Subpart BB); 
(36) grain elevators ( 4 CFR 60.1 to 60.3 9 and 

60.300 t o 60.309, Subpart DD); 
(37-) lim e manufacturing plants (40 CFR 60.1 to 

60.39 and 60.340 to 60.349, Subpart HH); 
(38) stationary gas turbines ( 4 CFR 60.1 to 60.39 

and 60.330 to 60.339, Subpart GG); 
(39) el e ctric utility st e am generating units (40 CFR 

60.1 to 60.39 and 40 CFR 60.40a to 60.49a, 

Subpart Da); 
(30) storage vessels for petroleum liquids, for which 



1877 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



oonatruction, — roconotruotion, — or modification 
oommonood after May 1 8 , 197 8 and prior to 



(49) potroloum dry cleaners ( 4 CFR 60.1 to 60.39 

and 60.620 to 60.629, Subpart JJJ); 



July 23, 19 8 4 (10 CFR 60.1 to 60.39 and 40 (50) onshore natural gas proo e ooing planto: e quipm e nt 



CFR 60.110a to 60.119a, Subpart Ka); 
(34) glaos manufacturing plants (40 CFR 60. 1 to 

60.39 and 40 CFR 60.290 to 60.299, Subpart 

GGfc 
(35) load acid battery manufacturing (40 CFR 60. 1 to 

60.39 and 40 CFR 60.370 to 60.379, Subpart 

KKV 

(33) automobile and light duty truok ourfao e ooating 

oporationo (10 CFR 60.1 to 60.39 and 40 CFR 

60.390 to 60.399, Subpart MM); 
(34) phoophato rook planto (40 CFR 60.1 to 60.39 

and 40 CFR 60.100 to 60.409, Subpart NN); 
(35) ammonium sulfate manufacturing ( 4 CFR 60. 1 

to 60.39 and 40 CFR 60.120 to 60.129, Subpart 

PR)t 

(36) surfao e ooating of m e tal furnitur e (10 CFR 6 0t4 

to 60.39 and CFR 60.310 to 60.319, Subpart 

(3?) graphio arto industry: publioation rotogravur e 

printing (10 CFR 60.1 to 60.39 and 40 CFR 

60. 4 30 to 60.439, Subpart QQ); 
(38) industrial surface coating: largo appliancoo (40 

CFR 60.1 to 60.39 and 40 CFR 60.450 to 

60.459, Subpart SS); 
(39) metal coil surface coating ( 4 CFR 60.1 to 

60.39 and 40 CFR 60.460 to 60. 4 69, Subpart 

(40) beverag e oan ourfaoe ooating industry (40 CFR 

60.1 to 60.39 and 10 CFR 60.490 to 60. 4 99, 

Subpart WW); 
(44) aophalt proooosing and asphalt roofing manufao 

turo (40 CFR 60.1 to 60.39 and 40 CFR 60.470 

to 60. 4 79, Subpart UU); 
(43) bulk gasoline terminals ( 4 CFR 60.1 to 60.3 9 

and 40 CFR 60.500 to 60.509, Subpart XX); 

m e tallic min e ral proo e ooing planto (40 CFR 60. 1 



(434- 



to 60.39 and 40 CFR 60.3 8 to 60.3 8 9, Subpart 

fet)t 
(44) prooouro sensitiv e tap e and lab e l ourfao e ooating 

op e rations (40 CFR 60.1 to 60.39 and 40 CFR 

60. 44 to 60. 44 9, Subpart (R); 
(45) equipment leaks of VOC in the synthetic organic 

oh e mioalo manufacturing induotry (40 CFR 6 04- 

to 60.39 and 40 CFR 60.4 8 to 60.4 8 9, Subpart 

V¥)t 
(46) equipment leaks of VOC in potroloum refineries 

(40 CFR 60.1 to 60.39 and 40 CFR 60.590 to 

60.599, Subpart GGG); 
(47) synthetic fiber production facilities ( 4 CF R 

60.1 to 60.39 and 4 CFR 60.600 to 60.609, 

Subpart HHH); 
(48) fl e xibl e vinyl and ur e than e ooating and printing 

(40 CFR 60.1 to 60.39 and 4 CFR 60.5 8 to 

60.5 8 9, Subpart FFF); 



leaks of volatile organic compounds (40 CFR 
60.1 to 60.39 and 60.630 to 60.639, Subpart 
KKK); 

(54) wool fib e rglass insulation manufacturing (40 

CFR 60.1 to 60.39 and 60.6 8 to 60.6 8 9, 
Subpart PPP); 

(53) nonm e tallio min e ral proo e ooing plants (40 CFR 

60. 1 to 60.39 and 60.670 to 60.679, Subpart 
OOO); 

(53) s tool — plants: — electric — are — furnaces — and — af- 

gon oxyg e n d e oarburization v e ooelo oonotruot e d 
aft e r August 17, 19 8 3 (40 CFR 60.1 to 60.39 
and 60.270a to 60.279a, Subpart AAa); 

(54) onshore natural gas processing: SO(2) omissio as 

(40 CFR 60.1 to 60.39 and 60.640 to 60.649, 
Subpart LLL); 

(55) basic oxygon process stoolmaking facilities for 

which construction is oommonood after January 
20, 19 8 3: (40 CFR 60.1 to 60.39 and 60.140a to 
60.149a, Subpart Na); 

(56) industrial commercial institutional steam gener at- 
ing units ( 4 CFR 60.1 to 60.39 and 60. 4 0b to 
60.49b, Subpart Db); 

(57) volatil e organio liquid storag e v e oo e lo (inoluding 

potroloum liquid storage vessels) for which 
construction, — reconstruction, — or modification 
oomm e no e d aft e r July 23, 19 8 4 (40 CFR 60. 1 to 
60.39 and 40 CFR 60.110b to 60.119b, Subpart 

vu\. 
rvuy; 

(58) rubber tiro manufacturing industry ( 4 CFR 60 r4 

to 60.39 and 40 CFR 60.540 to 60.549, Subpart 

B£B)t 
(59) industrial surface coating: surface coating of 

plastic parts for business machines (40 CFR 

60. 1 to 60.39 and 40 CFR 60.720 to 60.729, 

Subpart TTT); - 
(60) magnetic tape coating facilities ( 4 CFR 60. 1 -te 

60.39 and 40 CFR 60.710 to 60.719, Subpart 

(64) volatil e — organio — oompound — e miooiono — from 

potroloum refinery wastewater systems ( 4 GFR 
60.1 to 60.3 4 and 4 CFR 60.690 to 60.69 9 , 
Subpart QQQ); 

(63) volatil e organio oompound e mi s sions from th e 

synthetic organio chemical manufacturing indus 
try air oxidation unit processes (40 CFR 604 -te 
60.34 and 40 CFR 60.610 to 60.61 8 , Subpart 
ffl* 

(63) volatile — organic — compound — omissions — from 

synthetic organio chemical manufacturing indus 
try diotillation oporationo (40 CFR 60. 1 to 60.34 
and 40 CFR 60.660 to 60.66 8 , Subpart NNN); 

(64) polymeric — coating — ef- — supporting — substrates 

facilities ( 4 CFR 60.1 to 60.3 4 and 4 CFR 



10-.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1878 



PROPOSED RULES 



60.7 4 to 60.7 4 8, Subpart VVV); 
(45) small induutrial oomm e roial institutional st e am 

generating unito (10 CFR 60.1 to 60.34 and 40 

CFR 60. 4 0c to 60.48c, Subpart Dc); 
(66) municipal waste combustors (40 CFR 60.1 -te 

60.34 and 40 CFR 60.50a to 60.59a, Subpart 

E*H 

(67) volatile organic omissions from the polymer 

manufacturing industry ( 4 CFR 60.1 to 60.3 4 
and 40 CFR 60.560 to 60.566 e xc e pt 40 CFR 
60.562 2(o), Subpart DDD); 

(68) volatile organic compound omissions from the 

synthetic — chemical — manufacturing — industry 
reactor proc e ss e s [40 CFR 60.1 to 60.34 and 40 
CFR 60.700 to 60.70 8 e xc e pt — 40 CFR 
60.703(e), Subpart RRR]; and 



rated into this Rule, shall be incorporated using rule making 
proc e dur e s. 



Statutory Authority G. S. 

143-215. 107(a)(5); 150B-21.6. 



143-215. 3 (a)(1); 



.0525 NATIONAL EMISSION STANDARDS FOR 
HAZARDOUS AIR POLLUTANTS 

(ft) — Sources omitting pollutants of the following typos 
wh e n subj e ct to national e mission standards for hazardous 
air pollutants promulgat e d in 40 CFR Part 61 shall oomply 
with omission standards, monitoring and reporting require 
monts, maintenance requirements, notification and record 
k ee ping r e quir e m e nts, performance tost requir e m e nts, t e st 
m e thod and proc e dural provisions, and any oth e r provisions, 
as — required — therein, — rather — than — with — any — other 

(69) calcinors and dryers in mineral industries (40 wise applicable rule in this Section. Now sources of volatile 

organio oompounds that are locat e d in an ar e a d e signat e d in 
40 CFR 8 1.334 as nonattainm e nt for ozon e or an area 



CFR 60.1 to 60.34 and 40 CFR 60.730 to 
60.737, Subpart UUU). 

(b) Along with the notice appearing in the North Carolina 
Register for a public hearing to amend this Rule to exclude 
a standard from this Rule, the Director shall state whether 
or not the new source performance standards promulgated 
under 40 CFR Part 60, or part thereof, shall be enforced. 
If the Commission does not adopt the amendment to this 
Rule to exclude or amend the standard within 12 months 
after the close of the comment period on the proposed 
amendment, the Director shall begin enforcing that standard 
when 12 months has elapsed after the end of the comment 
period on the proposed amendment. 

(c) New sources of volatile organic compounds that are 
located in an area designated in 40 CFR 81.334 as 
nonattainment for ozone or an area identified in accordance 
with 15A NCAC 2D .0902(d) as being in violation of the 
ambient air quality standard for ozone shall comply with the 
requirements of 40 CFR Part 60 that are not excluded by 
this Rule, as well as with any applicable requirements in 
Section .0900 of this Subchapter. 

(d) (b) All requests, reports, applications, submittals, and 
other communications to the administrator required under 
Paragraph (a) of this Rule shall be submitted to the Director 
of the Division of Environmental Management rather than 
to the Environmental Protection Agency. 

(e) fe) In the application of this Rule, definitions con- 
tained in 40 CFR Part 60 shall apply rather than those of 
Section .0100 of this Subchapter. 

(f) (4) 15 A NCAC 2Q .0102 and .0302 are not applicable 
to any source to which this Rule applies. The owner or 
operator of the source shall apply for and receive a permit 
as required in 15A NCAC 2Q .0300 or .0500. 

( e ) Th e Cod e of F e deral R e gulations oited in this Rul e ar e 
incorporated by reference and shall automatically include 
any later amendments thereto excopt for categories — ef 
s ourc es not r e f e r e nc e d — in Paragraph (a) of this Rul e . 
Cat e gori e s of sourc e s not ref e r e nced in Paragraph (a) of this 
Rule for which EPA has promulgated new source porfor 
mance standards in 4 CFR Part 60, if and when incorpo 



identified in accordance with 15 A NCAC 2D .0902(d) as 
being in violation of the ambient air quality standard for 
ozon e shall oomply with th e following requir e m e nts, as w e ll 
ao with any applicabl e requirements in S e otion .0900 of this 
Subchapter; 

(4) asbestos ( 4 CFR 61.01 to 61.19 and 61.1 4 to 

61.159, Subpart M, with the oxooption named in 
40 CFR 61.157); 

(3) beryllium ( 4 CFR 61.01 to 61.19 and 61.30 to 

61.39, Subpart C); 

(3-) b e ryllium from rook e t motor firing (40 C FR 

61.01 to 61.19 and 61.40 to 61.49, Subpart D); 

(4) mercury ( 4 CFR 61.01 to 61.19 and 61.50 to 

61.59, Subpart E); 

(5) vinyl ohlorid e (40 CFR 61.01 to 61.19 and 

61.60 to 61.71, Subpart F); 

(6) equipment leaks (fugitive omission sources) of 

benzene ( 4 CFR 61.01 to 61.19 and 61.110 to 
61.119, Subpart J); 

f?) e quipm e nt l e aks (fugitiv e e mission sourc e s) (of 

volatile hazardous air pollutants) ( 4 CFR 61.01 
to 61.19 and 61.240 to 61.2 4 9, Subpart V); 

(S) inorganio aro e nio e missions from glass manufao 

turing plants (40 CFR 61.01 to 61.19 and 
61.160 to 61.169, Subpart N); 

(9) inorganic arsenic omissions from primary copper 

sm e lt e rs (40 CFR 61.01 to 61.19 and 61.170 to 
61.179, Subpart O); 

(40) inorganic arsenic omissions from arsenic trioxido 

and metallic arsenic production facilities ( 4 
CFR 61.01 to 61.19 and 61.1 8 to 61.1 8 6, 
Subpart P); 

(44) benzene emissions from benzene transfer opera 

tions ( 4 CFR 61.01 to 61.19 and 61.300 to 
61.306, Subpart BB); 

(44) b e nz e n e wast e op e rations (40 CFR 61.01 to 

61.19 and 61.3 4 to 61.35 8 , Subpart FF); 
(43) benzene omissions from coke by product rocov 



1879 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



ory plants ( 4 CFR 61.01 to 61.19 and 61.130 

to 61.139, Subpart L); 
(44) bonzono e miooiono from b e nz e n e otorag e v e oo e lo 

( 4 CFR 61.01 to 61.19 and 61.270 to 61.277 

oxcopt 61.273, Subpart Y). 
fb) — All roquooto, roporto, applioationo, submittals, and 
other oommunioationo to th e administrator r e quir e d und e r 
Paragraph (a) of this Rule shall bo submitted to the Director 
of the Division of Environmental Management rather than 
to th e Environm e ntal Proteotion Agenoy; e xo e pt that all ouoh 
r e ports, applioationo, oubmittalo, and oth e r oommunioationo 
to tho administrator required by 4 CFR 61.1 4 5 shall bo 
submitted to the Director, Division of Epidomiology -r 

(o) In tho application of this Rule, definitions contain e d 
in 10 CFR Part 6 1 ohall apply rather than those of Seotion 



.0100 of this Subchapter. 

(d) 15A NCAC 2Q .0102 and .0302 are not applicable to 
any oouro e to whioh this Rul e appli e o. — Th e own e r or 
op e rator of th e oouro e ohall apply for and reoeivo a permit 
as required in 15A NCAC 2Q .0300 or .0500. 

(o) Tho Code of Federal Regulations cited in this Rule are 
inoorporat e d by roforono e and ohall automatically inolud e 
any later am e ndm e nts th e r e to e xo e pt for oatogorioo of 
sources not referenced in Paragraph (a) of this Rule. 
Categories of oourooa not roforonood in Paragraph (a) of this 
Rul e for whioh EPA hao promulgat e d national e mission 
otandardo for hazardous air pollutanto in 40 CFR Part 61 -r-if 
and when incorporated into this Rule, shall bo incorporated 
using rule making procedures. 



Statutory Authority G.S. 

143-215. 107(a)(5); 150B-21.6. 



143-21 5. 3(a)(1); 



.0533 STACK HEIGHT 

(a) For the purpose of this Rule, the following definitions 
apply: 

(1) "Stack" means any point in a source designed to 
emit solids, liquids, or gases into the air, includ- 
ing a pipe or duct but not including flares. 

(2) "A stack in existence" means that the owner or 
operator had: 

(A) begun, or caused to begin, a continuous pro- 
gram of physical on-site construction of the 
stack; or 

(B) entered into binding agreements or contractual 
obligations, which could not be cancelled or 
modified without substantial loss to the owner 
or operator, to undertake a program of con- 
struction of the stack to be completed in the 
time that is normally required to construct such 
a stack. 

(3) "Dispersion technique" 

(A) "Dispersion technique" means any technique 
which attempts to affect the concentration of a 
pollutant in the ambient air by: 
(i) using that portion of a stack which exceeds 
good engineering practice stack height, 



(ii) varying the rate of emission of a pollutant 
according to atmospheric conditions or 
ambient concentrations of that pollutant, or 
(iii) increasing final exhaust gas plume rise by 
manipulating source process parameters, 
exhaust gas parameters, stack parameters, 
or combining exhaust gases from several 
existing stacks into one stack; or other 
selective handling of exhaust gas streams 
so as to increase the exhaust gas plume 
rise. 
(B) "Dispersion technique" does not include: 
(i) the reheating of a gas stream, following 
use of a pollution control system, for the 
purpose of returning the gas to the temper- 
ature at which it was originally discharged 
from the facility generating the gas stream; 
(ii) the using of smoke management in agricul- 
tural or silvicultural prescribed burning 
programs; 
(iii) the merging of exhaust gas streams where: 
(I) The facility owner or operator demon- 
strates that the source was originally 
designed and constructed with such 
merged gas streams; 
(II) After July 8, 1985, such merging is 
part of a change in operation at the 
facility that includes the installation of 
pollution controls and is accompanied 
by a net reduction in the allowable 
emissions of a pollutant. This exclu- 
sion from the definition of "dispersion 
techniques" shall apply only to the 
emission limitation for the pollutant 
affected by such change in operation; 
or 
(IE) Before July 8, 1985, such merging was 
part of a change in operation at the 
source that included the installation of 
emissions control equipment or was 
carried out for sound economic or 
engineering reasons. Where there was 
an increase in the emission limitation 
or in the event that no emission limita- 
tion was in existence prior to the merg- 
ing, an increase in the quantity of pol- 
lutants actually emitted prior to the 
merging, the Director shall presume 
that merging was significantly moti- 
vated by an intent to gain emissions 
credit for greater dispersion. Absent a 
demonstration by the source owner or 
operator that merging was not signifi- 
cantly motivated by such intent, the 
Director shall deny credit for the ef- 
fects of such merging in calculating the 
allowable emissions for the source; 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1880 



PROPOSED RULES 



(IV) Episodic restrictions on residential 

woodburning and open burning; or 
(V) Techniques under Subpart (A)(iii) of 
this Subparagraph which increase final 
exhaust gas plume rise where the re- 
sulting allowable emissions of sulfur 
dioxide from the facility do not exceed 
5,000 tons per year. 

(4) "Good engineering practice (GEP) stack height" 
means the greater of: 

(A) 65 meters measured from the ground-level 
elevation at the base of the stack; 

(B) 2.5 times the height of nearby structure(s) 
measured from the ground-level elevation at 
the base of the stack for stacks in existence on 
January 12, 1979 and for which the owner or 
operator had obtained all applicable permit or 
approvals required under 15 A NCAC 2Q and 
40 CFR Parts 51 and 52, provided the owner 
or operator produces evidence that this equa- 
tion was actually relied on in establishing an 
emission limitation; 

(C) for stacks not covered under Part (B) of this 
Subparagraph, the height of nearby structure(s) 
measured from the ground-level elevation at 
the base of the stack plus 1.5 times the lesser 
dimension (height or projected width) of 
nearby strucrure(s) provided that the Director 
may require the use of a field study or fluid 
model to verify GEP stack height for the 
source; or 

(D) the height demonstrated by a fluid model or a 
field study approved by the Director, which 
ensures that the emissions from a stack do not 
result in excessive concentrations of any air 
pollutant as a result of atmospheric downwash, 
wakes, or eddy effects created by the source 
itself, nearby structures or nearby terrain 
features. 

(5) "Nearby" means, for a specific structure or 
terrain feature: 

(A) under Parts (4)(B) and (C) of this Paragraph, 
that distance up to five times the lesser of the 
height or the width dimension of a structure 
but not greater than one-half mile. The height 
of the structure is measured from the 
ground-level elevation at the base of the stack. 

(B) Under under Part (4)(D) of this Paragraph, not 
greater than one-half mile, except that the 
portion of a terrain feature may be considered 
to be nearby which falls within a distance of 
up to 10 times the maximum height [Ht] of the 
feature, not to exceed two miles if such feature 
achieves a height [ht] one-half mile from the 
stack that is at least 40 percent of the GEP 
stack height determined by Part (4)(C) of this 
Paragraph or 26 meters, whichever is greater, 



as measured from the ground-level elevation at 
the base of the stack. The height of the struc- 
ture or terrain feature is measured from the 
ground-level elevation at the base of the stack. 
(6) "Excessive concentrations" means, for the 
purpose of determining good engineering prac- 
tice stack height under Part (4)(D) of this Para- 
graph: 

(A) for sources seeking credit for stack height 
exceeding that established under Part (4)(B) or 
(C) of this Paragraph, a maximum 
ground-level concentration due to emissions 
from a stack due in whole or part to down- 
wash, wakes, and eddy effects produced by 
nearby structures or nearby terrain features 
which individually is at least 40 percent in 
excess of the maximum concentration experi- 
enced in the absence of such downwash, 
wakes, or eddy effects and which contributes 
to a total concentration due to emissions from 
all sources that is greater than an ambient air 
quality standard. For sources subject to Rule 
.0530 of this Section, an excessive concentra- 
tion alternatively means a maximum 
ground-level concentration due to emissions 
from a stack due in whole or part to down- 
wash, wakes, or eddy effects produced by 
nearby structures or nearby terrain features 
which individually is at least 40 percent in 
excess of the maximum concentration experi- 
enced in the absence of such downwash, 
wakes, or eddy effects and greater than a 
prevention of significant deterioration incre- 
ment. The allowable emission rate to be used 
in making demonstrations under this Part shall 
be prescribed by the new source performance 
standard that is applicable to the source cate- 
gory unless the owner or operator demon- 
strates that this emission rate is infeasible. 
Where such demonstrations are approved by 
the Director, an alternative emission rate shall 
be established in consultation with the source 
owner or operator; 

(B) for sources seeking credit after October 11, 
1983, for increases in existing stack heights up 
to the heights established under Part (4)(B) or 
(C) of this Paragraph; 

(i) a maximum ground-level concentration due 
in whole or part to downwash, wakes or 
eddy effects as provided in Part (A) of this 
Subparagraph, except that the emission 
rate specified by any applicable Rule in 
this Subchapter (or, in the absence of such 
a limit, the actual emission rate) shall be 
used, or 

(ii) the actual presence of a local nuisance 
(odor, visibility impairment, or pollutant 



1881 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



i 



> 



concentration) caused by the existing 
stack, as determined by the Director; and 
(C) for sources seeking credit after January 12, 
1979, for a stack height determined under Part 
(4)(B) or (C) of this Paragraph where the 
Director requires the use of a field study or 
fluid model to verify GEP stack height, for 
sources seeking stack height credit after No- 
vember 9, 1984 based on the aerodynamic 
influence of cooling towers, and for sources 
seeking stack height credit after December 3 1 , 
1970 based on the aerodynamic influence of 
structures not adequately represented by Part 
(4)(B) or (C) of this Paragraph, a maximum 
ground-level concentration due in whole or 
part to downwash, wakes, or eddy effects that 
is at least 40 percent in excess of the maxi- 
mum concentration experienced in the absence 
of such downwash, wakes, or eddy effects. 
(7) "Emission limitation" means a requirement 
established by this Subchapter or a local air 
quality program certified by the Commission 
that limits the quantity, rate, or concentration of 
emissions of air pollutants on a continuous basis, 
including any requirements that limit the level of 
opacity, prescribe equipment, set fuel specifica- 
tions, or prescribe operation or maintenance 
procedures for a source to assure continuous 
emission reduction. 

(b) With the exception stated in Paragraphs (c) and (d) of 
this Rule, the degree of emission limitations required by any 
rule in this Subchapter shall not be affected by: 

(1) that amount of a stack height that exceeds good 
engineering practice; or 

(2) any other dispersion technique. 

(c) Paragraph (b) shall not apply to: 

(1) stack heights in existence or dispersion tech- 
niques implemented before December 31, 1970, 
except where pollutants are being emitted from 
such stacks or using such dispersion techniques 
by sources, as defined in Section 111(a)(3) of 
the Clean Air Act, which were constructed, or 
reconstructed, or for which major modifications, 
as defined in Rules .0530 (b) and .0531 (b) of 
this Section were carried out after December 3 1 , 
1970; or 

(2) coal-fired steam electric generating units, subject 
to provisions of Section 118 of the federal Clean 
Air Act, which began operation before July 1, 
1957, and whose stacks were constructed under 
a construction contract awarded before February 
8, 1974. 

However, these exemptions shall not apply to a new stack 
that replaces a stack that is exempted by Subparagraphs (1) 
and (2) of this Paragraph. These exemptions shall not apply 
to a new source using a stack that is exempted by Subpara- 
graphs (1) and (2) of this Paragraph. 



(d) This Rule shall not restrict the actual stack height of 
any source. 

Statutory Authority G.S. 143-215. 3(a)(1). 

.0535 EXCESS EMISSIONS REPORTING AND 
MALFUNCTIONS 

(a) For the purpose of this Rule the following definitions 
apply: 

(1) "Excess Emissions" means an emission rate that 
exceeds any applicable emission limitation or 
standard allowed by any rule in Sections .0500, 
.0900, or .1200 of this Subchapter; or by a 
permit condition; or that exceeds an emission 
limit established in a permit issued under 15 A 
NCAC 2H .0610. 

(2) "Malfunction" means any unavoidable failure of 
air pollution control equipment, process equip- 
ment, or process to operate in a normal and 
usual manner that results in excess emissions. 
Excess emissions during periods of routine 
start-up and shut-down of process equipment are 
not considered to be a malfunction. Failures 
caused entirely or in part by poor maintenance, 
careless operations or any other upset condition 
within the control of the emission source are not 
considered a malfunction. 

(3) "Start-up" means the commencement of opera- 
tion of any source which has shut-down or 
ceased operation for a period of time sufficient 
to cause temperature, pressure, process, chemi- 
cal, or pollution control device imbalance which 
would result in excess emission. 

(4) "Shut-down" means the cessation of the opera- 
tion of any source for any purpose. 

(b) This Regulation Rule does not apply to sources to 
which Regulation .0524 or .0525 of this Section Rules 
.0524. .1110, or .1111 of this Subchapter applies unless 
excess emissions exceed an emission limit established in a 
permit issued under 15 A NCAC 2H .0610 that is more 
stringent than the emission limit set by Regulation .0521 or 
.0525 of thio S e otion Rules .0524, .1110 or .1111 of this 
Subchapter . 

(c) Any excess emissions that do not occur during start-up 
or shut-down shall be considered a violation of the appropri- 
ate r e gulation rule unless the owner or operator of the 
source of excess emissions demonstrates to the Director, 
that the excess emissions are the result of a malfunction. 
To determine if the excess emissions are the result of a 
malfunction, the Director shall consider, along with any 
other pertinent information, the following: 

(1) The air cleaning device, process equipment, or 
process has been maintained and operated, to the 
maximum extent practicable, in a manner consis- 
tent with good practice for minimizing emis- 
sions; 



(2) 



Repairs have been made in an expeditious man- 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1882 



PROPOSED RULES 



ner when the emission limits have been ex- 
ceeded; 

(3) The amount and duration of the excess emis- 
sions, including any bypass, have been mini- 
mized to the maximum extent practicable; 

(4) All practical steps have been taken to minimize 
the impact of the excess emissions on ambient 
air quality; 

(5) The excess emissions are not part of a recurring 
pattern indicative of inadequate design, opera- 
tion, or maintenance; 

(6) The requirements of Paragraph (0 of this Rogu 
lation Rule have been met; and 

(7) If the source is required to have a malfunction 
abatement plan, it has followed that plan. 

All malfunctions shall be repaired as expeditiously as 
practicable. However, the Director shall not excuse excess 
emissions caused by malfunctions from a source for more 
than 15 percent of the operating time during each calendar 
year. 

(d) All electric utility boiler units subject to a regulation 
rule in this Section shall have a malfunction abatement plan 
approved by the Director. In addition, the Director may 
require any other source to have a malfunction abatement 
plan approved by the Director. The malfunction plans of 
electric utility boiler units and of other sources required to 
have them shall be implemented when a malfunction or 
other breakdown occurs. The purpose of the malfunction 
abatement plan is to prevent, detect, and correct malfunc- 
tions or equipment failures that could result in excess 
emissions. A malfunction abatement plan shall contain as 
a minimum: 

(1) a complete preventive maintenance program 
including: 

(A) the identification of individuals or positions 
responsible for inspecting, maintaining and 
repairing air cleaning devices; 

(B) a description of the items or conditions that 
will be inspected and maintained; 

(C) the frequency of the inspection, maintenance 
services and repairs; and 

(D) an identification and quantities of the replace- 
ment parts which shall be maintained in inven- 
tory for quick replacement; 

(2) an identification of the source and air cleaning 
operating variables and outlet variables, such as 
opacity, grain loading, and pollutant concentra- 
tion, that may be monitored in order to detect a 
malfunction or failure; the normal operating 
range of these variables and a description of the 
method of monitoring or surveillance procedures 
and of informing operating personnel of any 
malfunctions, including alarm systems, lights or 
other indicators; and 

(3) a description of the corrective procedures that 
will be taken in the event of a malfunction or 
failure in order to achieve compliance with the 



applicable regulation rule as expeditiously as 
practicable but no longer than the next boiler or 
process outage that would provide for an orderly 
repair or correction of the malfunction or 15 
days, whichever is the shorter time interval. If 
it is anticipated that the malfunction would 
continue for more than 15 days, a case-by -case 
repair schedule will be established by the Direc- 
tor in conjunction with the source. 
The owner or operator shall maintain logs to show that the 
operation and maintenance parts of the malfunction abate- 
ment plan are implemented. These logs shall be subject to 
inspection by the Director or his designee upon request 
during business hours. 

(e) The owner or operator of any electric utility boiler 
unit required to have a malfunction abatement plan shall 
submit a malfunction abatement plan to the Director within 
60 days of the effective date of this R e gulation Rule . The 
owner or operator of any other source required by the 
Director to have a malfunction abatement plan shall submit 
a malfunction abatement plan to the Director within six 
months after it has been required by the Director. The 
malfunction abatement plan and any amendment to it shall 
be reviewed by the Director or his designee. If the plan is 
satisfactory, the Director shall approve it. If the plan does 
not adequately carry out the objectives described by Para- 
graph (d) of this R e gulation Rule , the Director shall disap- 
prove the plan. The Director shall state his reasons for his 
disapproval. The person who submits the plan shall 
satisfactorily amend the plan as required by the Director 
within a period of time prescribed by the Director. Any 
person having an approved malfunction abatement plan shall 
submit to the Director for his approval amendments reflect- 
ing changes in any element of the plan required by Para- 
graph (d) of this R e gulation Rule or amendments when 
requested by the Director. The malfunction abatement plan 
and amendments to it shall be implemented within 90 days 
upon receipt of written notice of approval. 

(f) The owner or operator of a source of excess emissions 
which last for more than four hours and which results from 
a malfunction, a breakdown of process or control equipment 
or any other abnormal conditions, shall: 

(1) notify the Director or his designee of any such 
occurrence within 24 hours of becoming aware 
of the occurrence and describe: 

(A) name and location of the facility, 

(B) the nature and cause of the malfunction or 
breakdown, 

(C) the time when the malfunction or breakdown is 
first observed, 

(D) the expected duration, and 

(E) an estimated rate of emissions; 

(2) notify the Director or his designee immediately 
when the corrective measures have been accom- 
plished; 

(3) submit, if requested, to the Director within 15 
days after the request a written report which 



1883 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



includes: 

(A) name and location of the facility, 

(B) identification or description of the processes 
and control devices involved in the malfunction 
or breakdown, 

(C) the cause and nature of the event, 

(D) time and duration of the violation or the ex- 
pected duration of the excess emission if the 
malfunction or breakdown has not been fixed, 

(E) estimated quantity of pollutant emitted, 

(F) steps taken to control the emissions and to 
prevent recurrences and if the malfunction or 
breakdown has not been fixed, steps planned to 
be taken, and 

(G) any other pertinent information requested by 
the Director. 

After the malfunction or breakdown has been corrected, the 
Director may require the owner or operator of the source to 
test the source in accordance with R e gulation Rule .0501 of 
this Section to demonstrate compliance. 

(g) Start-up and shut-down. Excess emissions during 
start-up and shut-down shall be considered a violation of the 
appropriate r e gulation rule if the owner or operator cannot 
demonstrate that the excess emissions are unavoidable when 
requested to do so by the Director. The Director may 
specify for a particular source the amount, time, and 
duration of emissions that are allowed during start-up or 
shut-down. The owner or operator shall, to the extent 
practicable, operate the source and any associated air 
pollution control equipment or monitoring equipment in a 
manner consistent with best practicable air pollution control 
practices to minimize emissions during start-up and 
shut-down. 



Statutory Authority G. S. 

143-215. 107(a)(4); 143-215. 107(a)(5). 



.0537 CONTROL OF MERCURY EMISSIONS 

(a) For the purpose of this R e gulation Rule , the following 
definitions apply: 

(1) "Mercury" means the element mercury, exclud- 
ing any associated elements, and includes mer- 
cury in particulates, vapors, aerosols, and com- 
pounds. 

(2) "Stationary source" means the total plant site. 
This includes all emissions (stacks, ducts, vents, 
openings, fugitives, etc.) to the atmosphere 
within the property boundary. 

(b) This Rogulation Rule shall apply to all new and 
existing stationary sources engaged in the handling and/or or 
processing of mercury and not subject to standards on 
emissions for mercury in R e gulation .0525 or .0530 of this 
Section Rule .0530, .1110, or .1111 of this Subchapter . 

(c) An owner or operator of a stationary source engaged 
in the handling and/or or processing of mercury shall not 
cause, allow, or permit particulate and/or or gaseous 
mercury emissions in excess of 2300 grams per day into the 



outdoor atmosphere. 

Statutory Authority 

143-215. 107(a)(5). 



.0539 



G.S. 



143-215. 3(a)(1); 



ODOR CONTROL OF FEED INGREDIENT 
MANUFACTURING PLANTS 

(a) Applicability. The requirements of this Rule apply to 
any facility that produces feed-grade animal proteins or 
feed-grade animal fats and oils, but do not apply to any 
portions of such facilities that are engaged exclusively in the 
processing of food for human consumption. 

(b) This Rule does not apply to those facilities solely 
engaged in the processing of marine byproducts. Those 
facilities, however, shall continue to control their odorous 
emissions in accordance with Rule .0522 of this Section. 

(c) A person shall not allow, cause, or permit the 
operation or use of any device, machine, equipment, or 
other contrivance to process material to be used in the 
production of feed- grade animal proteins or feed-grade 
animal fats and oils unless all gases, vapors, and gas- 
entrained effluents from these processes are passed through 
condensers to remove all steam and other condensible 
materials. All noncondensibles passing through the con- 
densers shall then be incinerated at 1200 degrees Fahrenheit 
for a period of not less than 0.3 seconds, or treated in an 
equally effective manner- 
ed) Measurement and Recording Requirements. Any 

person processing or incinerating gases, vapors, or gas- 
entrained matter as required by Paragraph (c) of this Rule 
shall install, operate, and maintain in good working order 
and calibration continuous measuring and recording devices 
to document equipment operation in accordance with this 
Rule. In addition, the owner or operator of the facility 



143-215. 3(a)(1); shall: 



ill 



121 



demonstrate that the measuring and recording 
devices are capable of verifying the compliance 
status of the equipment on a continuous basis; 
describe the parameters to be used to determine 
the compliance status and how these parameters: 

(A) are to be measured. 

(B) are to be used to determine compliance status; 
and 

(3) provide a quality assurance program approved 
by the Director for all monitoring devices and 
systems that includes: 
(A) procedures and frequencies for calibration, 
standards traceability, 
operational checks, 

maintenance schedules and procedures, 
auditing schedules and procedures, 
data validation, and 

schedule for implementing the quality assur- 
ance program. 
These data shall be available to the Director upon request, 
(e) A person shall not allow, cause, or permit the 
installation or operation of expeller units unless they are 



(B) 
fCl 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1884 



PROPOSED RULES 



properly hooded and all exhaust gases are collected or 
ducted to odor control equipment. 

(f) A person subject to this Rule shall not cause or permit 
any raw material to be handled, transported, or stored, or 
to undertake the preparation of any raw material without 
taking reasonable precautions to prevent odors from being 
discharged. For the purpose of this Rule, such raw material 
is in "storage" after it has been unloaded at a facility or 
after it has been located at the facility for at least 24 hours. 
Reasonable precautions shall include the following: 

(1) storage of all raw material before or in the 
process of preparation, In properly enclosed and 
vented equipment or areas, together with the use 
of effective devices and methods to prevent the 
discharge of odor bearing gases; 

(2) use of covered vehicles or containers of water- 
tight construction for the handling and transport- 
ing of any raw material; and 

(3) use of hoods and fans to enclose and vent the 
storage, handling, preparation, and conveying of 
any odorous materials together with effective 
devices or methods, or both, to prevent emis- 
sions of odors or odor bearing gases. 

(g) Whenever conditions are encountered that cause or 
may cause release of excessive and malodorous gases or 
vapors, the regional supervisor of the appropriate regional 
office shall be notified within two business days. 

(h) Compliance Schedule. The owner or operator of a 
facility subject to this Rule that begins construction or is in 
operation before May j^ 1996, shall adhere to the following 
increments of progress and schedules: 

(1) documentation that the facility complies with this 
Rule or an air permit application containing 
plans to bring the facility into compliance and a 
schedule shall be submitted by November j^ 
1996; 

(2) the compliance schedule shall contain the follow- 
ing increments of progress: 

(A) a date by which contracts for the emission 
control system and process equipment shall be 
awarded or orders shall be issued for purchase 
of component parts; 

(B) a date by which on-site construction or instal- 
lation of the emission control and process 
equipment shall begin; 

(C) a date by which on-site construction or instal- 
lation of the emission control and process 
equipment shall be completed; and 

(D) a date by which final compliance shall be 
achieved. 

(3) The final compliance date under Subparagraph 
(2)(D) of this Paragraph shall be no later than 
May 1, 2001. 

The owner or operator shall certify to the Director within 

five days after the deadline, for each increment of progress, 

whether the required increment of progress has been met. 

(i) The owner or operator of a facility that begins 



construction after April 30, 1996, shall be in compliance 
with this Rule before beginning operation. 

Statutory Authority G.S. 143-215.3 (a)(1); 143-215.66; 143- 
215.107 (a)(5). 

SECTION .0600 - AIR POLLUTANTS: 
MONITORING: REPORTING 

.0601 PURPOSE AND SCOPE 

(a) The purpose of this Section is to set forth the require- 
ments of the Commission relating to monitoring air pollution 
emissions and filing reports covering their discharge into the 
outdoor atmosphere of the state. 

(b) This Section shall apply to all persons subject to the 
provisions of 15A NCAC 2Q. 

(c) Monitoring may also be required by other rules 
including Rule .0524, .1110, or .1111 .0521 and .0525 of 
this Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1). 

.0604 SOURCES COVERED BY IMPLEMENTATION 
PLAN REQUIREMENTS 

(a) Sources covered by Regulations .052 4 and .0525 
Rules .0524, .1110, or .1111 of this Subchapter are exempt 
from this R e gulation. Purouant to 150B 11(o) to inolud e any 
later aroondmonta, the Rule. The following sources, which 
are included in Paragraph 1 . 1 of Appendix P of 40CFR Part 
51: 

(1) fossil fuel-fired steam generators, 

(2) nitric acid plants, 

(3) sulfuric acid plants, and 

(4) petroleum refineries, 

shall be monitored as described in Paragraphs 2 and 3.1.1 
through 3.1.5 of Appendix P of 40 CFR Part 51. The 
performance specifications are those found in Appendix B 
of 40 CFR Part 60 and Paragraphs 3.2 through 3.8 of 
Appendix P of 40 CFR Part 51. The excess emissions shall 
be reported quarterly to the commission in the manner 
described in Paragraphs 4 and 5. 1 through 5.3.3 of Appen- 
dix P of 40 CFR Part 51 except as otherwise provided in 
this Section. The minimum requirements described in the 
referenced portions of Appendix P of 40 CFR Part 51 are 
hereby adopted as the requirements to be used under this 
R e gulation Rule . Wherever the language of the referenced 
portion of Appendix P of 40 CFR Part 51 speaks of the 
"state" or "state plan", the requirements described therein 
shall apply to those sources to which they pertain. 

(b) When effluents from two or more affected facilities of 
similar design and operating characteristics are combined 
before being released to the atmosphere, the monitoring 
system may be installed on the combined effluent. 

(c) A six-minute time period shall be deemed appropriate 
as an alternative opacity averaging time period as described 
in Paragraph 4.2 of Appendix P of 40 CFR Part 51. 

(d) Data reporting or reduction procedures varying from 



1885 



y *"RTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



) 



those prescribed by this Regulation Rule may be used if the 
owner or operator of a source shows to the satisfaction of 
the Director that the alternate procedures are at least as 
accurate as those in the Regulation Rule . 

(e) Alternative monitoring and reporting requirements 
may be approved, on a case-by-case basis, by the Director 
through the following procedure: 

(1) The owner or operator of a source may apply in 
writing to the Director for approval of alterna- 
tive monitoring and reporting requirements. The 
application shall include: 

(A) the basis or reason that alternative monitoring 
and reporting requirements are more desirable 
than those prescribed by this R e gulation Rule , 

(B) a proposal of alternative monitoring and re- 
porting requirements, 

(C) any other information that the source owner or 
operator feels would be helpful to the Director 
in his evaluation of the application. 

(2) Examples of situations where alternative moni- 
toring and reporting requirements may be ap- 
proved include, but are not limited to, the 
following: 

(A) when installation of a continuous monitoring 
system or device prescribed by this Regulation 
Rule would not provide accurate determina- 
tions of emissions; 

(B) when the affected facility is operated on less 
than 30 days per year; 

(C) when effluents from two or more facilities of 
significantly different design and operating 
characteristics are combined before release to 
the atmosphere or when the effluent is released 
to the atmosphere through more than one 
point; 

(D) when the Director determines that the require- 
ments prescribed by this Regulation Rule 
would impose an extreme economic burden on 
the source owner or operator; The determina- 
tion of an extreme economic burden shall be 
made on the basis of whether meeting the 
requirements prescribed by this R e gulation 
Rule would produce serious hardship without 
equal or greater benefit to the public; 

(E) when the monitoring systems prescribed by 
this R e gulation Rule cannot be installed due to 
physical limitations at the facility; The deter- 
mination of such limitations shall be made on 
the basis of whether meeting the requirements 
prescribed by this R e gulation Rule would 
necessitate significant reconstruction of the 
facility. 

(3) The Director may require the submission of 
additional information as he considers appropri- 
ate to evaluate the application. 

(4) Upon making a determination that the source 
should bo is subject to an alternative monitoring 



and reporting requirements, the Director may 
approve either the proposed alternative monitor- 
ing and reporting requirements or any other 
monitoring and reporting requirements that he 
considers appropriate and feasible. 

Statutory Authority G.S. 143-215. 3(a)(1). 

.0608 PROGRAM SCHEDULE 

(a) All persons required to report emissions by Regula 
tjeas Rules .0524, .0525, .0604, .0605 or .0606 .0605, or 
.0606. .1110. or .1111 of this Subchapter shall have in 
operation a monitoring program for each affected source 
upon beginning operation of a new source or within 18 
months after an existing source becomes subject to R e gula 
tiee Rules .0604, .0605 or .0606 of this Section. However, 
reasonable extensions of these deadlines may be granted as 
described in 40 CFR 51.18(e)(5) and Paragraph 1.3 of 
Appendix P of 40 CFR Part 5 1 . The monitoring program 
shall remain in effect as long as the source is required to 
monitor and report its emissions under the requirements of 
this Section. 

(b) All persons required to report emissions by R e gulation 
Rules .0605 or .0606 of this Section shall submit to the 
division Division of e nvironmental management Environ- 
mental Management for review and approval a program for 
complying with such requirements. The program shall 
include a statement concerning: 

(1) the qualifications of the personnel who will be 
doing the sampling and sample analysis, 

(2) the date by which the first report will be submit- 
ted, and 

(3) a description of the procedures and equipment 
for sampling and sample analysis. 

Statutory Authority G.S. 143-215. 3(a)(1). 

SECTION .0900 - VOLATILE ORGANIC 
COMPOUNDS 

.0902 APPLICABILITY 

(a) Rules .0925, .0926, .0927, .0928, .0932, and .0933 
of this Section apply statewide, in accordance with Rule 
.0946 of this Section. 

(b) Rule .0953 of this Section applies in Davidson, 
Durham, Forsyth, Gaston, Guilford, Mecklenburg, Wake, 
Dutchville Township in Granville County, and that part of 
Davie County bounded by the Yadkin River, Dutchmans 
Creek, North Carolina Highway 801, Fulton Creek and back 
to Yadkin River in accordance with provisions set out in that 
Rule. 

(c) With the exceptions stated in Paragraph (g) of this 
Rule, this Section applies, in accordance with Rules .0907 
and .0946 of this Section, to all sources of volatile organic 
compounds located in an area designated in 40 CFR 81.334 
as nonattainment for ozone. 

(d) With the exceptions stated in Paragraph (g) of this 



10-.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1886 



PROPOSED RULES 



Rule, this Section shall apply, in accordance with Rule 
.0909 of this Section, to all sources of volatile organic 
compounds located in any of the following areas and in that 
area only when the Director notices in the North Carolina 
Register that the area is in violation of the ambient air 
quality standard for ozone: 

(1) GreensboroAVinston-Salem/High Point, consist- 
ing of Davidson, Forsyth, and Guilford Counties 
and that part of Davie County bounded by the 
Yadkin River, Dutchmans Creek, North Caro- 
lina Highway 801, Fulton Creek and back to 
Yadkin River; or 

(2) Raleigh/Durham, consisting of Durham and 
Wake Counties and Dutchville Township in 
Granville County. 

At least one week before the scheduled publication date of 
the North Carolina Register containing the Director's notice 
of violation, the Director shall send written notification to 
all permitted facilities within the area of violation that are or 
may be subject to the requirements of this Section as a result 
of the violation informing them that they are or may be 
subject to the requirements of this Section. Violations of 
the ambient air quality standard for ozone shall be deter- 
mined in accordance with 40 CFR 50.9. 

(e) If a violation of the ambient air quality standard for 
ozone is measured in accordance with 40 CFR 50.9 in 
Cabarrus, Gaston. Iredell, Lincoln, Mecklenburg, Rowan, 
or Union County, North Carolina or York County, South 
Carolina, the Director shall initiate analysis to determine the 
control measures needed to attain and maintain the ambient 
air quality standard for ozone. By the following May 1 , the 
Director shall implement the specific stationary source 
control measures contained in this Section that are required 
as part of the control strategy necessary to bring the area 
into compliance and to maintain compliance with the 
ambient air quality standard for ozone. The Director shall 
implement the rules in this Section identified as being 
necessary by the analysis by notice in the North Carolina 
Register. The notice shall identify the rules that are to be 
implemented and shall identify whether the rules imple- 
mented are to apply in Gaston or Mecklenburg County or in 
both counties. At least one week before the scheduled 
publication date of the North Carolina Register containing 
the Director's notice implementing rules in this Section, the 
Director shall send written notification to all permitted 
facilities within the county in which the rules are being 
implemented that are or may be subject to the requirements 
of this Section informing them that they are or may be 
subject to the requirements of this Section. Compliance 
shall be in accordance with Rule .0909 of this Section. 

(f) This Section shall not apply to facilities in 
Mecklenburg county whose potential emissions of volatile 
organic compounds are less than 100 tons per year or to 
facilities in Gaston County until May 1, 1997. If 
Mecklenburg County is designated attainment in 40 CFR 
81.334, all sources in Mecklenburg County subject to a rule 
in this Section before May 1, 1997, shall continue to comply 



with all such applicable rules in this Section. If any county 
or part of a county to which the Section applies in accor- 
dance with Paragraph (c) of this Rule is later designated in 
40 CFR 81.334 as attainment for ozone, all sources in that 
county or that part of the county subject to a rule in this 
Section before the redesignation date shall continue to 
comply with all applicable rules in this Section, 
(g) This Section does not apply to: 

(1) sources whose emissions of volatile organic 
compounds are not more than 15 pounds per 
day, except that this Section does apply to the 
manufacture and use of cutback asphalt and to 
gasoline service stations or gasoline dispensing 
facilities regardless of levels of emissions of 
volatile organic compounds; 

(2) sources used exclusively for chemical or physi- 
cal analysis or determination of product quality 
and commercial acceptance provided: 

(A) The operation of the source is not an integral 
part of the production process; 

(B) The emissions from the source do not exceed 
800 pounds per calendar month; and 

(C) The exemption is approved in writing by the 
Director as meeting the requirements of this 
Subparagraph; or 

(3) emissions of volatile organic compounds during 
startup or shutdown operations from sources 
which use incineration or other types of combus- 
tion to control emissions of volatile organic 
compounds whenever the off-gas contains an 
explosive mixture during the startup or shutdown 
operation if the exemption is approved by the 
Director as meeting the requirements of this 
Subparagraph. 

(h) Sources whose emissions of volatile organic com- 
pounds are not subject to limitation under this Section may 
still be subject to emission limits on volatile organic com- 
pounds in Rule .0524 or .0525 .0524, .1110, or .1111 of 
this Subchapter. 



Statutory Authority 

143-2 15. 107(a)(5). 



G.S. 



143-2 15. 3(a)(1); 



.0929 PETROLEUM REFINERY SOURCES 

ttt) — For the purpose of this Regulation, the following 
d e finitions apply: 



m- 



'Accumulator" means th e r e s e rvoir of a oon 



donsing unit receiving the condensate from the 
condenser. 



&h 



- Cond e ns e r" — m e ans any h e at transfer devic e 



used to liquefy' vapors by r e moving their latent 
heats of vaporization. — Such devices include, but 
arc not limited to, shell and tube, coil, surface. 
or contact condens e rs. 
"Firebox" m e ans th e chamb e r or compartm e nt 



m- 



of a boiler or furnace in which materials are 
burned but does not mean the combustion cham 



1887 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



W- 



bor of an incine r ator. 
"For e bays" m e an th e 



primary sections of a 



wastewater ooparator. 

(5) "Hot well" moans the reservoir of a condensing 

unit receiving the warm condensate from the 
oond e no e r. 

(6) "Petrol e um refinery" moans any faoility e ngag e d 

in producing gasoline, kerosene, distillate fuel 
oils, residual fuel oils, lubricants, — or other 
pro duo to through distillation, o rooking, e xtra c- 
tion, — or reforming of unfinished petrol e um 
derivatives. 

f7) "Refinery fuel gas" means any gas which is 

generated by a petrol e um refin e ry proo e os unit 
and whioh io oombuot e d, inoluding any gaseous 
mixture of natural gas and fuel gas. 

(8) "Turnaround" moans the procedure of s hutting 

a refinery unit down after a run to do n e o e ooary 
ffifttB tonanoo and repair work and putting th e unit 
back on stream. 

(9) "Vacuum producing system" moans any rocipro 

eating, rotary, or oontrifugal blower or oompreo 
sor, or any jet ojootor or d e vioo whioh tak e n 
s uction from a pressure below atmospheric and 
discharges against atmospheric pressure. 

f+Q) "Vapor r e cover)' system" m e ans a syst e m whioh 

prevents release to th e atmosph e r e of no l e ss 
than- 90 percent by weight of organic compounds 
omitted during the operation of any transfer, 
storage, or prooooo equipment. 

{44-) "Wastewater (oil/water) separator" means any 

device or piece of equipment whioh utilizes the 

difference in density between oil and water to 

remove oil and aooooiat e d oh e mioals from wat e r 

or any d e vioo, ouoh as a floooulation tank, 

clarifior, etc., whioh removes petroleum derived 

compounds from wastewater. 

(b) This Regulation applies to vacuum produoing syst e ms, 

wast e water s e parators, and proo e os unit turnarounds at 

petroleum refining sources. 

(e} — The owner or operator of any vacuum producing 
syst e ms at a p e trol e um r e fin e r) 1 shall not permit the omi s 
sions of any nonoond e nsablo volatil e organio oompounds 
from the conden s ers, hot wolls, or accumulators of the 
system. 

(d) Th e emission limit r e quir e d by Paragraph (o) of this 
R e gulation shall b e aohi e v e d by: 

ft) piping the nonoondonsablo vapors to a firebox or 

incinerator; or 

(3) oompressing th e vapors and adding th e m to th e 

r e fin e r)' fu e l gas. 
(o) Tho owner or operator of any wastewater (oil/water) 
separators at a petroleum ro finery shall; 

ft) provid e oov e rs and s e als approv e d by th e Dir e o 

tor, on all separators and for e bayo; and 

(3) equip all openings in covers, separators, and 

forebays with lids or seals such that tho lids or 



seals are in the closed position at all times 
e xo e pt wh e n in aotual use. 
(f) Notwithstanding R e gulations .0907 through .0911 of 
this Section, before November 1, 1979, tho owner or 
operator of an existing (as of Juno 30, 1979) petroleum 
r e fin e ry shall d e v e lop and submit to tho Director for 
approval a d e tailed procedur e for minimization of volatile 
organio compound omissions during process unit turnaround. 
As a minimum, tho procedure s hall provide for; 

ft) d e preosurization v e nting of th e proo e os unit or 

v e ss e l to a vapor recovery syst e m, flar e , or 
firebox; 

f3) no omission of volatile organio compounds from 

a prooooo unit or vessel until its int e rnal pressure 
is 19.7 psia or loss; 
(3) recordkeeping of tho following items in acc or- 
dance with Regulation .0903 of this Section: 
(A) — e v e ry date that oaoh prooeoo unit or v e ss e l is 

shut down, and 
fB) — tho approximate vessel volatile organic com 
pound concentration when tho volatile organio 
ee mpoundo w e r e first discharg e d to th e atmo 
sph e r e , and 
f€) — tho approximate total quantity of volatile 
organic oompounds omitted to tho atmosphere. 
N e w p e trol e um refineries shall submit ouoh a procedure with 
th e p e rmit application. 



Statutory Authority 

143-215. 107(a)(5). 



G.S. 



143-215. 3(a)(1); 



SECTION .1100 - CONTROL OF TOXIC AIR 
POLLUTANTS 

.1109 CASE-BY-CASE MAXIMUM ACHIEVABLE 
CONTROL TECHNOLOGY 

(a) A pplicability. This Rule applies only to sources of 
hazardous air pollutants required to have a permit under 
15A NCAC 2Q .0500. 

(b) Effective. This Rule shall apply only after it and 15A 
NCAC 2Q .0500 have been approved by the EPA , except 
that th e requirements of Paragraph (d) of this Rul e shall not 
apply b e for e May 15, 1994 . 

(c) Definitions. For the purposes of this Rule the 
following definitions apply: 

(1) "Control technology" means measures, pro- 
cesses, methods, systems, or techniques to limit 
the emission of hazardous air pollutants includ- 
ing measures that: 

(A) reduce the quantity, or eliminate emissions, of 
such pollutants through process changes, 
substitution of materials, or other modifica- 
tions: 

(B) enclose systems or processes to eliminate 
emissions: 

(C) collect, capture, or treat such pollutants when 
released from a process, stack, storage, or 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1888 



PROPOSED RULES 



fugitive emission point; 

(D) are design, equipment, work practice, or 
operational standards (including requirements 
for operator training or certification) as pro- 
vided in 42 USC 7412(h); or 

(E) are a combination of Parts (A) through (D) of 
this definition. 

(2) "Emission point" means any part or activity of 
a facility that emits or has the potential to emit, 
under current operational design, any hazardous 
air pollutants. 

(3) (±) "EPA" means the United States Environmen- 
tal Protection Agency or the Administrator of 
U.S. Environmental Protection Agency. 

(4) "Existing facility" means a facility for which 
construction is commenced before EPA proposed 
a standard, applicable to the facility, under 
Section 112(d) or {hj of the federal Clean Air 
Act, or if no proposal was published, then on or 
before the Section 112(0 deadline. 

(5) "Existing source" means a source, construction 
or reconstruction of which is commenced before 
EPA proposed a standard, applicable to the 
source, under Section 112(d) or (h) of the 
federal Clean Air Act, or if no proposal was 
published, then on or before the Section 112(i) 
deadline. (10) 

(6) (3) "Hazardous air pollutant" means any pollut- 
ant listed under Section 112(b) of the federal 
Clean Air Act. 

(7) (3} "MACT" means maximum achievable con- 
trol technology. 

(8) (4) "Maximum achievable control technology" 
means: 

(A) for existing sources, 

(i) a MACT standard that EPA has proposed 

or promulgated for a particular category of (11) 

facility or source, 

(ii) the average emission limitation achieved 
by the best performing 1 2 percent of the 
existing facilities or sources for which 
EPA has emissions information if the (12) 

particular category of source contains 30 
or more sources, or 

(iii) the average emission limitation achieved 
by the best performing five facilities or 
sources for which EPA has emissions 
information if the particular category of (13) 

source contains fewer than 30 sources, or 

(B) for new sources, the maximum degree of 
reduction in emissions that is deemed achiev- 
able but not less stringent than the emission 
control that is achieved in practice by the best 
controlled similar source. 

19) "MACT floor" means: (14) 

(A) for existing sources: 

(i) the average emission limitation achieved 



by the best performing 12 percent of the 
existing sources in the United States (for 
which EPA has emissions information) 
excluding those sources that have, within 
18 months before the emission standard is 
proposed or within 30 months before such 
standard is promulgated, whichever is 
later, first achieved a level of emission 
rate or emission reduction which complies. 
or would comply if the source is not sub- 
ject to such standard, with the lowest 
achievable emission rate (as defined in 
Section 171 of the federal Clean Air Act) 
applicable to the source category or sub- 
category for categories and subcategories 
with 30 or more sources, or 
(ii) the average emission limitation achieved 
by the best performing five sources in the 
United States (for which EPA has emis- 
sions or reasonably could obtain emission 
information) in the category or subcate- 
gory of sources with fewer than 30 
sources; 
(B) for new sources, the emission limitation 
achieved in practice by the best controlled 
similar source. 
$4) "Modification" means any physical change 
in, or change in the method of operation of, a 
facility which increases the actual emissions of 
any hazardous air pollutant emitted by that 
facility by more than a de minimis amount 
specified in 40 CFR Part 63 or which results in 
the emissions of any hazardous air pollutant not 
previously emitted by that facility by more than 
a de minimis amount specified in 40 CFR Part 
63. 

"New facility" means a facility for which con- 
struction is commenced after the Section 112(i) 
deadline, or after proposal of a relevant standard 
under Section 112(d) or (hj of the federal Clean 
Air Act, whichever comes first. 
"New source" means a source for which con- 



struction or reconstruction is commenced after 
the Section 112(i) deadline, or after proposal of 
a relevant standard under Section 1 12(d) or £h] 
of the federal Clean Air Act, whichever comes 
first. 

"Section 112(i) deadline" means the date occur- 
ring 18 months after the scheduled promulgation 
date of a relevant standard under Section 
112(e)(1) and (3) of the federal Clean Air Act. 
The a pplicable date for categories of sources is 
contained in the source category schedule for 
standards. 

"Similar source" means a source that has compa- 
rable emissions and is structurally similar in 
design and capacity to other sources such that 



1889 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



the source could be controlled using the same 
control technology 
(15) "United States" means the United States, their 
possessions and territories. 

(d) Missed promulgation dates: 112(i). If EPA fails to 
promulgate a standard for a category of source under 
Section 112 of the federal Clean Air Act by the date 
established pursuant to Sections 1 12(e)(1) and or (3) of the 
federal Clean Air Act, the owner or operator of any source 
in such category shall submit, within 18 months after such 
date, a permit application,, in accordance with the proce- 
dures in j5A NCAC 2Q .0526, to the Director to apply 
MACT to such sources. Sources subject to this Paragraph 
shall be in compliance with this Rule within three years 
from the date that the permit is issued. 

(e) Modifications of existing facilities: 112(g). The 
owner or operator of an existing facility shall apply MACT 
to all sources in that facility that are modified or involved 
in a modification. MACT for new sources shall be applied 
to sources at an existing facility that is are constructed or 
reconstructed. 

(f) New facilities. The owner or operator of any new 
facility shall apply MACT to the new facility before 
beginning construction and operation. 

(g) Facilities subject to MACT because of increased 
emissions. If a facility becomes subject to the requirements 
of 15 A NCAC 20 .0500 because of increased emissions of 
hazardous air pollutants, the owner or operator of the 
facility shall submit a permit a pplication in accordance with 
15A NCAC 20 .0526: 

(1) If an existing facility becomes a major facility 
subject to the requirements of 15A NCAC 20 
.0500 by the addition of a source or as a result 
of reconstructing, that added source or recon- 
structed source shall comply with all require- 
ments of this Rule that affect new sources and 
shall comply with new source MACT require- 
ments before beginning operation. 

(2) If a facility, that is constructed after the a pplica- 
ble MACT requirements have been triggered 
under Paragraph (d) of this Rule, becomes 
subject to the requirements of 15A NCAC 20 
.0500 because of a relaxation of a federally 
enforceable emission limit on the capacity of a 
source to emit a hazardous air pollutant, then 
that source shall comply with new source 
MACT requirements before the date of the 
limit's relaxation. 

(h) Case-bv-case MACT determination. The owner or 
operator of the source shall determine MACT as follows: 
(1) When EPA has proposed a relevant emission 
standard for the source category pursuant to 
Section 112(d) or 112(h) of the federal Clean 
Air Act, then the control technology proposed 
by the owner or operator of the source shall be 
capable of achieving all emission limitations and 
requirements of the proposed standard unless the 



owner or operator provides with his permit 
application information adequate to su pport a 
contention that: 

(A) different emission limitations represent the 
MACT emission limitations for the source 
category, or 

(B) requirements different from those proposed by 
EPA will be effective in ensuring that MACT 
emissions limitations are achieved. 

(2) When EPA or the Division of Environmental 
Management has issued guidance on establishing 
a MACT floor finding for the source category or 
subcategory, then the control technology pro- 
posed by the owner or operator of the source 
shall apply the recommended MACT emission 
limitation unless the owner or operator provides 
with his permit a pplication information ade- 
quately supporting an amendment to such 
MACT floor. 

(3) When neither EPA nor the Division of Environ- 
mental Management has issued guidance on 
establishing a MACT floor finding, then the 
owner or operator shall submit an a pplication for 
a permit containing a proposed control technol- 
ogy that either achieves a level of control at 
least as stringent as the emission control that is 
achieved in practice by the best controlled 
similar source, or obtains at least the maximum 
reduction in emissions of hazardous air pollut- 
ants that is achievable considering costs, non-air 
quality health and environmental impacts, and 
energy requirements. 

The owner or operator may select a specific design, equip- 
ment, work practice, or operational standard, or combina- 
tion thereof, when it is not feasible to prescribe or enforce 
an equivalent emission limitation because of the nature of 
the process or pollutant. It is not feasible to prescribe or 
enforce a limitation when EPA determines that a hazardous 
air pollutant(s) cannot be emitted through a conveyance 
designed and constructed to capture such pollutant, or that 
any requirement for, or use of, such a conveyance would be 
inconsistent with any federal. State, or local law, or the 
application of measurement methodology to a particular 
class of sources is not practicable because of technology and 
economic limitations. 

£i) Monitoring and recordkeeping. The owner or operator 
of a source subject to this Rule shall install, operate, and 
maintain monitoring capable of detecting deviations from 
each a pplicable emission limitation or other standards with 
sufficient reliability and timeliness to determine continuous 
compliance over the applicable reporting period. Such 
monitoring data may be used as a basis for enforcing 
emissions limitations established under this Rule. 



Statutory Authority 

143-215. 107(a)(5), (10). 



G.S. 



143-215. 3(a)(1); 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1890 



PROPOSED RULES 



.1110 NATIONAL EMISSION STANDARDS FOR 
HAZARDOUS AD* POLLUTANTS 

(a) Sources emitting pollutants of the following types 
when subject to national emission standards for hazardous 
air pollutants promulgated in 40 CFR Part 6J_ shall comply 
with emission standards, monitoring and reporting require- 
ments, maintenance requirements, notification and record 
keeping requirements, performance test requirements, test 
method and procedural provisions, and any other provisions, 
as required therein, rather than with any otherwise-applica- 
ble Rule in Section .0500 of this Subchapter which would be 
in conflict therewith. New sources of volatile organic 
compounds that are located in an area designated in 40 CFR 
81,334 as nonattainment for ozone or in an area identified 
in accordance with 15A NCAC 2D .0902(c) as being in 
violation of the ambient air quality standard for ozone shall 
comply with the following requirements, as well as with any 
applicable requirements in Section .0900 of this Subchapter: 

(_Q asbestos (40 CFR 61.01 to 61.19 and 61.140 to 
61.159, Subpart M, with the exception named in 
40 CFR 61.157); 

£2} beryllium (40 CFR 61.01 to 61.19 and 61.30 to 
61.39, Subpart C); 

(3) beryllium from rocket motor firing (40 CFR 
61.01 to 61.19 and 61.40 to 61.49. Subpart D); 

(4) mercury (40 CFR 61.01 to 61.19 and 61.50 to 
61.59, Subpart E); 

£5} vinyl chloride (40 CFR 61.01 to 61.19 and 
61.60 to 61.71. Subpart F); 

(6) equipment leaks (fugitive emission sources) of 
benzene (40 CFR 61.01 to 61.19 and 61.110 to 
61.119, Subpart J); 

(7) equipment leaks (fugitive emission sources) (of 
volatile hazardous air pollutants) (40 CFR 61.01 
to 61.19 and 61.240 to 61.249, Subpart V); 

(8) inorganic arsenic emissions from glass manufac- 
turing plants (40 CFR 61.01 to 61.19 and 
61.160 to 61.169, Subpart N); 

(9) inorganic arsenic emissions from primary copper 
smelters (40 CFR 61.01 to 61.19 and 61.170 to 
61.179, Subpart O); 

(10) inorganic arsenic emissions from arsenic trioxide 
and metallic arsenic production facilities (40 
CFR 61.01 to 61.19 and 61.180 to 61.186, 
Subpart P); 

(1 1) benzene emissions from benzene transfer opera- 
tions (40 CFR 61.01 to 61.19 and 61.300 to 
61.306, Subpart BB); 

(12) benzene waste operations (40 CFR 61.01 to 
61.19 and 61.340 to 61.358, Subpart FF); 

(13) benzene emissions from coke by-product recov- 
ery plants (40 CFR 61.01 to 61.19 and 61.130 
to 61.139, Subpart L); and 

(14) benzene emissions from benzene storage vessels 
(40 CFR 61.01 to 61.19 and 61.270 to 61.277 
except 61.273, Subpart Y). 

(b) All requests, reports, applications, submittals, and 



other communications to the administrator required under 
Paragraph (a) of this Rule shall be submitted to the Director 
of the Division of Environmental Management rather than 
to the Environmental Protection Agency; except that all such 
reports, applications, submittals, and other communications 
to the administrator required by 40 CFR 6 1 . 1 45 shall be 
submitted to the Director, Division of Epidemiology. 

(c) In the application of this Rule, definitions contained 
in 40 CFR Part 61 shall apply rather than those of Section 
.0100 of this Subchapter when conflict exists. 

£d) 15 A NCAC 20 .0102 and .0302 are not a pplicable to 
any source to which this Rule applies. The owner or 
operator of the source shall apply for and receive a permit 
as required in 15A NCAC 20 .0300 or .0500. 

(e) The Code of Federal Regulations cited in this Rule are 
incorporated by reference and shall automatically include 
any later amendments thereto except for categories of 
sources not referenced in Paragraph (a) of this Rule. 
Categories of sources not referenced in Paragraph (a) of this 
Rule for which EPA has promulgated national emission 
standards for hazardous air pollutants in 40 CFR Part 61, if 
and when incorporated into this Rule, shall be incorporated 
using rule-making procedures. 

Statutory Authority G.S. 143-215. 3(a)(1); 143-215.107 
(a)(5); 150B-21.6. 

.1111 MAXIMUM ACfflE VABLE CONTROL 
TECHNOLOGY 

(a) With the exception of Paragraph (b) or (c) of this 
Rule, sources subject to national emission standards for 
hazardous air pollutants for source categories promulgated 
in 40 CFR Part 63 shall comply with emission standards, 
monitoring and reporting requirements, maintenance 
requirements, notification and record keeping requirements, 
performance test requirements, test method and procedural 
provisions, and any other provisions, as required therein, 
rather than with any otherwise-applicable Rule in Section 
.0500 of this Subchapter which would be in conflict there- 
with. 

(b) The following are not included under this Rule: 

(1) approval of state programs and delegation of 
federal authorities (40 CFR 63.90 to 63.96, 
Subpart F); and 

(2) requirements for control technology determined 
for major sources in accordance with Clean Air 
Act Sections 112(g) and 112(j) (40 CFR 63.50 
to 63.57, Subpart B). 

(c) Along with the notice appearing in the North Carolina 
Register for a public hearing to amend this Rule to exclude 
a standard from this Rule, the Director shall state whether 
or not the national emission standard for hazardous air 
pollutants for source categories promulgated under 40 CFR 
Part 63, or part thereof, shall be enforced. If the Commis- 
sion does not adopt the amendment to this Rule to exclude 
or amend the standard within 12 months after the close of 
the comment period on the proposed amendment, the 



1891 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



Director shall begin enforcing that standard when 12 months 
has elapsed after the end of the comment period on the 
proposed amendment. 

(d) New sources of volatile organic compounds that are 
located in an area designated in 40 CFR 81.334 as 
nonattainment for ozone or an area identified in accordance 
with 15A NCAC 2D .0902(d) as being in violation of the 
ambient air quality standard for ozone shall comply with the 
requirements of 40 CFR Part 63 that are not excluded by 
this Rule as well as with any applicable requirements in 
Section .0900 of this Subchapter. 

(e) All requests, reports, a pplications, submittals, and 
other communications to the administrator required under 
Paragraph (a) of this Rule shall be submitted to the Director 
of the Division of Environmental Management rather than 
to the Environmental Protection Agency. 

£fj In the application of this Rule, definitions contained in 
40 CFR Part 63 shall app ly rather than those of Section 
.0100 of this Subchapter when conflict exists. 

(g) 15A NCAC 20 .0102 and .0302 are not applicable to 
any source to which this Rule applies. The owner or 
operator of the source shall apply for and receive a permit 
as required in 15A NCAC 20 .0300 or .0500. Sources that 
have heretofore been exempted from needing a permit and 
become subject to requirements promulgated under 40 CFR 
63 shall apply for a permit in accordance to 15A NCAC 20 
.0109. 

Statutory Authority G.S. 143-215. 3 (a)(1); 143-215.107 
(a)(5); 150B-21.6. 

SECTION .1200 - CONTROL OF EMISSIONS FROM 
INCINERATORS 

.1202 DEFINITIONS 

For the purposes of this Section, the following definitions 
apply: 

(1) "Control efficiency" means the mass of a pollutant 
in the waste fed to an incinerator minus the mass 
of that pollutant in the exit gas from the incinera- 
tor stack divided by the mass of the pollutant in 
the waste fed to the incinerator. 

(2) "Crematory incinerator" means any incinerator 
located at a crematory regulated under 21 NCAC 
34C that is used solely for the cremation of human 
remains. 

(3) "Construction and demolition waste" means wood, 
paper, and other combustible waste resulting from 
construction and demolition projects except for 
hazardous waste and asphaltic material. 

(4) "Hazardous waste incinerator" means an incinera- 
tor regulated under 15A NCAC 13A .0001 
through .0014, 40 CFR 264.340 to 264.351, 
Subpart O, or 265.340 to 265.352, Subpart O. 

(5) "Medical waste incinerator" means any incinerator 
regulated under Section 15A NCAC 13B .1207(3). 

(6) "Municipal solid waste incinerator" means an 



incinerator as defined at 40 CFR 60.51a that burns 
municipal-type solid waste of which at least 95 
percent by weight is generated off-site and that has 
a capacity of at least one ton per hour, except that 
boilers shall not be considered part of this defini- 
tion. 

(7) "Municipal-type solid waste" means solid waste 
defined at 40 CFR 60.51a. 

(8) "POTW" means a publicly owned treatment works 
as defined in 40 CFR 501.2. 

(9) "Sewage sludge incinerator" means any incinerator 
regulated under 40 CFR Part 503, Subpart E. 

(10) "Sludge incinerator" means any incinerator regu- 
lated under Paragraph (a)(4) of Rule t053§ .1110 
of this Subchapter but not under 40 CFR Part 503, 
Subpart E. 

(11) "Total hydrocarbons" means the organic com- 
pounds in the stack exit gas from a sewage sludge 
incinerator measured using a flame ionization 
detection instrument referenced to propane. 

Statutory Authority G.S. 143-213; 143-215. 3 (a)(1). 

.1204 REPORTING AND RECORDKEEPING 

(a) The reporting and recordkeeping requirements of Rule 
.1105 of this Subchapter shall apply to all incinerators in 
addition to any reporting and recordkeeping requirements 
that may be contained in any other rules. 

(b) The owner or operator of an incinerator incinerator, 
except an incinerator used solely to cremate pets, shall 
maintain and operate a continuous temperature measuring 
and recording device for the primary chamber and, where 
there is a secondary chamber, for the secondary chamber. 
The owner or operator of an incinerator that has installed air 
pollution abatement equipment to reduce emissions of 
hydrogen chloride shall install, operate, and maintain 
continuous monitoring equipment to measure pH for wet 
scrubber systems and rate of alkaline injection for dry 
scrubber systems. The Director shall require the owner or 
operator of an incinerator with a permitted charge rate of 
750 pounds per hour or more to install, operate, and 
maintain continuous monitors for oxygen or for carbon 
monoxide or both as necessary to determine proper opera- 
tion of the incinerator. The Director may require the owner 
or operator of an incinerator with a permitted charge rate of 
less than 750 pounds per hour to install, operate, and 
maintain monitors for oxygen or for carbon monoxide or 
both as necessary to determine proper operation of the 
incinerator. 

(c) In addition to the requirements of Paragraphs (a) and 
(b) of this Rule, the owner or operator of a sewage sludge 
incinerator shall: 

(1) install, operate, and maintain, for each incinera- 
tor, continuous emission monitors to determine 
the following: 
(A) mercury emissions by use of Method 105 of 
40 CFR Part 61, Appendix B, where applica- 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1892 



PROPOSED RULES 



ble to 40 CFR 61.55(a); 

(B) total hydrocarbon concentration of the inciner- 
ator stack exit gas in accordance with 40 CFR 
503.45(a) unless the requirements for continu- 
ously monitoring carbon monoxide as provided 
in 40 CFR 503.40(c) are satisfied; 

(C) oxygen concentration of the incinerator stack 
exit gas; and 

(D) moisture content of the incinerator stack exit 
gas; 

(2) monitor the concentrations of beryllium and 
mercury from the sludge fed to the incinerator at 
least as frequently as required under Rule .0525 
.1110 of this Subchapter but in no case less than 
once per year; 

(3) monitor the concentrations of arsenic, cadmium, 
chromium, lead, and nickel in the sewage sludge 
fed to the incinerator at least as frequently as 
required under 40 CFR 503.46(a)(2) and (3); 

(4) maintain records of all material required under 
Rule .1203 and .1204 of this Section in accor- 
dance with 40 CFR 503.47; and 

(5) for class I sludge management facilities (as 
defined in 40 CFR 503.9), POTWs (as defined 
in 40 CFR 501.2) with a design flow rate equal 
to or greater than one million gallons per day, 
and POTWs that serve a population of 10,000 
people or greater, submit the information re- 
corded in Subparagraph (c)(4) of this Rule to the 
Director on or before February 19 of each year. 

(d) All monitoring devices and systems required by this 
Rule shall be subject to a quality assurance program 
approved by the Director. Such quality assurance program 
shall include procedures and frequencies for calibration, 
standards traceability, operational checks, maintenance, 
auditing, data validation, and a schedule for implementing 
the quality assurance program. 



Statutory Authority 

143-215. 107(a)(4), (5). ' 



G.S. 



143-215. 3(a)(1); 



.1205 EMISSION STANDARDS 

(a) The emission standards in this Rule apply to all 
incinerators except where Rule .052 4 or .0525 .0524, 
. 1 1 10, or .1111 of this Subchapter applies except that 
Paragraphs (i) Subparagraphs (1), (2) and (4) of this Rule 
shall control in any event. 

(b) Particulate matter. Hazardous waste incinerators shall 
comply with Subparagraph (3) of this Paragraph. Conical 
incinerators covered by Rule .0523 of this Subchapter shall 
comply with that Rule instead of this Paragraph. All other 
incinerators shall comply with one of the following emission 
standards for particulate matter: 

(1) The emission of particulate matter from any 
stack or chimney of an incinerator shall not 
exceed: 



Refuse Charge 
In Lb/Hour 
to 100 

200 

500 
1,000 
2,000 and Above 



Allowable Emission Rate 
For Particulate Matter 
In Lb/Hour 
0.2 
0.4 
1.0 
2.0 
4.0 



For a refuse charge between any two consecu- 
tive rates stated in the preceding table, the 
allowable emissions rate for particulate matter 
shall be calculated by the equation E = 0.002P. 
E= allowable emission rate for particulate matter 
in lb/hour. P= refuse charge in lb/hour. 

(2) Instead of meeting the standards in Paragraph 
(b)(1) of this Rule, the owner or operator of an 
incinerator may choose to limit particulate 
emissions from the incinerator to 0.08 grains per 
dry standard cubic foot corrected to 12 percent 
carbon dioxide. In order to choose this option, 
the owner or operator of the incinerator shall 
demonstrate that the particulate ambient air 
quality standards will not be violated. To cor- 
rect to 12 percent carbon dioxide, the measured 
concentration of particulate matter is multiplied 
by 12 and divided by the measured percent 
carbon dioxide. 

(3) Hazardous waste incinerators shall meet the 
particulate matter requirements of 40 CFR 
264.343(c). 

(c) Sulfur dioxide. Incinerators shall comply with Rule 
.0516 of this Subchapter. 

(d) Visible emissions. Incinerators shall comply with 
Rule .0521 of this Subchapter. 

(e) Odorous emissions. Incinerators shall comply with 
Rule .0522 of this Subchapter. 

(f) Hydrogen chloride. Except for hazardous waste 
incinerators, emissions of hydrogen chloride from an 
incinerator shall not exceed four pounds per hour unless it 
is reduced by at least 90 percent by weight or to no more 
than 50 parts per million by volume corrected to seven 
percent oxygen (dry basis). Hazardous waste incinerators 
shall meet the hydrogen chloride emissions requirements of 
40 CFR 264.343(b). 

(g) Mercury emissions. Mercury emissions from sludge 
incinerators and sewage sludge incinerators are regulated 
under 15A NCAC 2D tO§35 . 1 1 10 (a)(4) . Emissions of 
mercury and mercury compounds from the stack or chimney 
of a municipal solid waste incinerator shall not exceed 0.29 
pounds per hour. Emissions of mercury and mercury 
compounds from the stack or chimney of a hazardous waste 
incinerator, medical waste incinerator, and any other type 
incinerator shall not exceed 0.032 pounds per hour. 

(h) Beryllium Emissions. Beryllium emissions from 
sludge incinerators and sewage sludge incinerators shall 
comply with 15A NCAC 2D t0#24 .1110 (a)(2). 

(i) Lead Emissions. The daily concentration of lead in 



1893 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



sewage sludge fed to a sewage sludge incinerator shall meet 
the requirements specified in 40 CFR 503.43(c). 

(j) Other Metal Emissions. The daily concentration of 
arsenic, cadmium, chromium, and nickel in sewage sludge 
fed to a sewage sludge incinerator shall meet the require- 
ments specified in 40 CFR 503.43(d). 

(k) The owner or operator of an incinerator shall demon- 
strate compliance with Section . 1 100 of this Subchapter in 
accordance with 15A NCAC 2H .0610. 

(1) Ambient standards. 

(1) In addition to the ambient air quality standards 
in Section .0400 of this Subchapter, the follow- 
ing ambient air quality standards, which are an 
annual average, in milligrams per cubic meter at 
77° F (25° C) and 29.92 inches (760 mm) of 
mercury pressure shall apply aggregately to all 
incinerators at a facility: 

(A) arsenic and compounds 2.3xl0" 7 

(B) beryllium and compounds 4. lxlO" 6 

(C) cadmium and compounds 5.5x10"* 

(D) chromium (VI) and compounds 8.3x10"* 

(2) When Subparagraph (1) of this Paragraph and 
either Rule .0521 or .0525 .0524. .1110, or 
.1111 of this Subchapter regulate the same 
pollutant, the more restrictive provision for each 
pollutant shall apply, notwithstanding provisions 
of Rule .0521 or .0525 .0524, .1110, or .1111 
of this Subchapter to the contrary. 

(3) The owner or operator of a facility with inciner- 
ators shall demonstrate compliance with the 
ambient standards in Parts (1)(A) through (D) of 
this Paragraph by following the procedures set 
out in Rule . 1 106 of this Subchapter. Modeling 
demonstrations shall comply with the require- 
ments of Rule .0533 of this Subchapter. 

(4) The emission rates computed or used under 
Subparagraph (3) of this Paragraph that demon- 
strate compliance with the ambient standards 
under Subparagraph (1) of this Paragraph shall 
be placed in the permit for the facility with 
incinerators as their allowable emission limits 
unless Rule .0521 or .0525 .0524, .1110 or 
.1111 of this Subchapter requires more restric- 
tive rates. 

Statutory Authority G.S. 143-215. 3(a)(1); 

143-215. 107(a)(3), (4), (5). 

.1206 OPERATIONAL STANDARDS 

(a) The operational standards in this Rule do not apply to 
incinerators where operational standards in Rule .0524 or 
t0535 .0524, .1110. or .1111 of this Subchapter apply. 

(b) Hazardous waste incinerators. Hazardous waste 
incinerators shall comply with 15A NCAC 13A .0001 
through .0014, which are administered and enforced by the 
Division of Solid Waste Management. 

(c) Medical waste incinerators. Medical waste incinera- 



tors shall meet the following requirements: 

(1) The primary chamber temperature shall be at 
least 1200°F. 

(2) The secondary chamber temperature shall be at 
least 1800°F. 

(3) Gases generated by the combustion shall be 
subjected to a minimum temperature of 1800°F 
for a period of not less than one second. 

Medical waste incinerators shall comply with 15 A NCAC 
13B .1207(3) and any other pertinent parts of 15A NCAC 
13B .1200, which are administered and enforced by the 
Division of Solid Waste Management. 

(d) Municipal solid waste incinerators. Municipal solid 
waste incinerators shall meet the following requirements: 

(1) The concentration of carbon monoxide at the 
combustor outlet shall not exceed the concentra- 
tion in Table 1 of Paragraph (a) of 40 CFR 
60.36a. The incinerator technology named in 
this table is defined under 40 CFR 60.51a. 

(2) The temperature of the exhaust gas entering the 
particulate matter control device shall not exceed 
450°F. 

(3) Gases generated by the combustion shall be 
subjected to a minimum temperature of 1800°F 
for a period of not less than one second. 

(e) Sludge incinerators. The combustion temperature in 
a sludge incinerator shall not be less than 1200°F. The 
maximum oxygen content of the exit gas from a sludge 
incinerator stack shall be: 

(1) 12 percent (dry basis) for a multiple hearth 
sludge incinerator, 

(2) seven percent (dry basis) for a fluidized bed 
sludge incinerator, 

(3) nine percent (dry basis) for an electric sludge 
incinerator, and 

(4) 12 percent (dry basis) for a rotary kiln sludge 
incinerator. 

(f) Sewage sludge incinerators. 

(1) The maximum combustion temperature for a 
sewage sludge incinerator shall be placed in the 
permit and based on information obtained during 
the performance test of the sewage sludge incin- 
erator to determine pollutant control efficiencies. 

(2) The values for the operational parameters for the 
sewage sludge incinerator air pollution control 
device(s) shall be placed in the permit and be 
based on information obtained during the perfor- 
mance test of the sewage sludge incinerator to 
determine pollutant control efficiencies. 

(3) The monthly average concentration for total 
hydrocarbons, or carbon monoxide as provided 
in 40 CFR 503.40(c), in the exit gas from a 
sewage sludge incinerator stack, corrected to 
zero percent moisture and seven percent oxygen 
as specified in 40 CFR 503.44, shall not exceed 
100 parts per million on a volumetric basis using 
the continuous emission monitor required in 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1894 



PROPOSED RULES 



Subparagraph .1204(c)(1) of this Subchapter. 

(g) Crematory incinerators. Gases generated by the 
combustion shall be subjected to a minimum temperature of 
1600°F for a period of not less than one second. 

(h) Other incinerators. All incinerators not covered under 
Paragraphs (a) through (g) of this Rule shall meet the 
following requirement: Gases generated by the combustion 
shall be subjected to a minimum temperature of 1800°F for 
a period of not less than one second. The temperature of 
1800°F shall be maintained at least 55 minutes out of each 
60-minute period, but at no time shall the temperature go 
below 1600°F. 

(i) Except during start-up where the procedure has been 
approved in accordance with Rule .0535(g) of this Subchap- 
ter, waste material shall not be loaded into any incinerators 
covered under Paragraphs (c), (d), (g), or (h) when the 
temperature is below the minimum required temperature. 
Start-up procedures may be determined on a case-by-case 
basis in accordance with Rule .0535(g) of this Subchapter. 
Incinerators covered under Paragraphs (c), (d), (g), and or 
(h) shall have automatic auxiliary burners that are capable 
of maintaining the required minimum temperature in the 
secondary chamber excluding the heat content of the wastes. 



For the purpose of this Section, the following definitions 
apply: 

m 



Statutory Authority G. S. 

143-215. 107(a)(5). 



143-215. 3(a)(1); 



SECTION .1900 - OPEN BURNING 



.1901 



PURPOSE, SCOPE, AND IMPERMISSIBLE 
OPEN BURNING 

(a) Purpose. The purpose of this Section is to control air 
pollution resulting from the open burning of combustible 
materials. 

(b) Scope. This Section applies to all operations involv- 
ing open burning. This Section does not authorize any open 
burning which is a crime under G.S. 14-136 through G.S. 
14-140.1, or affect the authority of the Division of Forest 
Resources to issue or deny permits for open burning in or 
adjacent to woodlands as provided in G.S. 113-60.21 
through G.S. 113-60.31. This Section does not affect the 
authority of any local government to regulate open burning 
through its fire codes or other ordinances. The issuance of 
any open burning permit by the Division of Forest Re- 
sources or any local government does not relieve any person 
from the necessity of complying with this Section or any 
other air quality rule. 

(c) Impermissible Open Burning. A person shall not 
cause, allow, or permit open burning of combustible 
material except as allowed b\_ Rule . 1 903 of tins Section or 
as covered by a permit issued under Rule . 1904 of this 
Section. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.107(a)(5). 

.1902 DEFINITIONS 



121 



111 
L4J 



(5} 

16] 

12] 



£21 

111 

lb] 



19] 



(101 



Oil 

(12) 
(13) 



"AHMET means the Asbestos Hazard Manage- 
ment Branch of the Division of Epidemiology. 
"Air Curtain Burner" means a stationary or porta- 
ble combustion device that directs a plane of high 
velocity forced draft air through a manifold head 
into a pjt with vertical walls in such a manner as 
to maintain a curtain of air over the surface of the 
pit and a recirculating motion of air under the 
curtain. 

"Dangerous materials" means explosives or con- 
tainers used in the holding or transporting of 
explosives. 

"Land clearing" means the uprooting or clearing 
of vegetation in connection with construction for 
buildings; right-of-way; agricultural, residential, 
commercial, or industrial development; or the 
initial clearing of vegetation to enhance property 
value; but does not include routine maintenance or 
property clean-up activities. 
"Log" means any limb or trunk whose diameter 
exceeds six inches. 

"Nuisance" means causing physical irritation 
exacerbating a documented medical condition, 
visibility impairment, or evidence of soot or ash 
on property or structure other than the property on 
which the burning is done. 
"Open burning" means the burning of any matter 
in such a manner that the products of combustion 
resulting from the burning are emitted directly into 
the atmosphere without passing through a stack. 
chimney, or a permitted air pollution control 
device. 

"Person" as used in 2D .1901(c), means: 
the person in operational control over the open 
burning, or 

the landowner or person in possession or control 
of the land when he has directly or indirectly 
allowed the open burning or has benefited from 

ik 

"Public pick-up" means the removal of refuse, 
yard trimmings, limbs, or other plant material 
from a residence by a governmental agency or 
municipal service. 

"Public road" means any road that is part of the 
State highway system; or any road, street, or 
right-of-way dedicated or maintained for public 
use. 

"RACM" means regulated asbestos containing 
material as defined in 40 CFR 61.142. 
"Refuse" means any garbage, rubbish, or trade 
waste. 

"Regional Office Supervisor" means the supervi- 
sor of personnel of the Division of Environmental 
Management in a regional office of the Depart- 
ment of Environment, Health and Natural Re- 



1895 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



) 



sources. 

(14) "Salvageable items" means any product or mate- 
rial that was first discarded or damaged and then 
all, or part, was saved for future use, and include 
insulated wire, electric motors, and electric trans- 
formers. 

(15) "Synthetic material" means man-made material, 
including tires, asphalt materials such as shingles 
or asphaltic roofing materials, construction materi- 
als, packaging for construction materials, wire, 
electrical insulation, and treated or coated wood. 

Statutory Authority G.S. 143-215.3(a)(l); 143-212; 143-213. 

.1903 PERMISSIBLE OPEN BURNING WITHOUT 
A PERMIT 

(a) All open burning is prohibited except open burning 
allowed under Paragraph (b) of this Rule or Rule .1904 of 
this Section. 

(b) The following types of open burning are permissible 
without a permit: 

(1) open burning of leaves, tree branches or yard 
trimmings, excluding logs and stumps, if the 
following conditions are met: 

(A) The material bumed originates on the premises 
of private residences and is burned on those 
premises: 

(B) There are no public pickup services avail able ; 

(C) Non-vegetative materials, such as household 
garbage or other man-made materials are not 
burned; 

(D) The burning is started no earlier than 8:00 
a.m. and no additional combustible material is 
added to the fire between 6:00 p.m. on one 
day and 8:00 a.m. on the following day; 

(E) The burning does not create a nuisance; and 

(F) Material is not burned when the Division of 
Forest Resources has banned burning for that 
area; 

(2) open burning for land clearing or right-of-way 
maintenance if the following conditions are met: 

(A) Prevailing winds at the time of burning are 
away from any area which may be signifi- 
cantly affected by smoke, ash, or other air 
pollutants from the burning; 

(B) The location of the burning is at least 1.000 
feet from any dwelling, group of dwellings, or 
commercial or institutional establishment, or 
other structure not located on the property on 
which the burning is conducted and at least 
250 feet from any public road as measured 
from the edge of the pavement or other road- 
way surface, closest to the burning. The 
regional office supervisor may grant exceptions 
to the setback requirements if: 

(i) a signed, written statement waiving objec- 
tions to the open burning associated with 



the land clearing operation is obtained 
before the open burning begins from all 
residents or owners of dwellings, commer- 
cial or institutional establishments, or 
other structures within 1.000 feet of the 
open burning site, or 
(ii) an air curtain burner as described in Rule 
.0904 of this Section, is utilized at the 
open burning site; 

(C) Heavy oils, asphaltic materials such as shingles 
and other roofing materials, items containing 
natural or synthetic rubber, or any materials 
other than plant growth are not burned. How- 
ever, kerosene, distillate oil, or diesel fuel 
may be used to start the fire; 

(D) Initial burning begins only between the hours 
of 8:00 a.m. and 6:00 p.m.. and no combusti- 
ble material is added to the fire between 6:00 
p.m. on one day and 8:00 a.m. on the follow- 
ing day, except that, under favorable meteoro- 
logical conditions, deviation from these hours 
of burning may be granted by the regional 
office supervisor. The owner or operator of 
the open burning operation shall be responsible 
for obtaining written approval for burning 
during periods other than those specified in 
this Part; and 

(E) No fires are started or vegetation is added to 
existing fires when the Division of Forest 
Resources has banned burning for that area- 
Debris from land clearing or right-of-way main- 
tenance may be carried off-site for open burning 
to facilities permitted in accordance with Rule 
.0904 of this Section for the operation of an air 
curtain burner. However, no material may be 
taken off-site for open burning in areas where a 
permitted air curtain burner is not available; 

(3) camp fires and fires used solely for outdoor 
cooking and other recreational purposes, or for 
ceremonial occasions, or for human warmth and 
comfort and which do not create a nuisance and 
do not use synthetic materials or refuse or 
salvageable materials for fuel; 

(4) fires purposely set to forest lands for forest 
management practices acceptable to the Division 
of Forest Resources; 

(5) fires purposely set to agricultural lands for 
disease and pest control and fires set for other 
agricultural or apicultural practices acceptable to 
the Department of Agriculture; 

(6) fires purposely set for wildlife management 
practices acceptable to the Wildlife Management 
Commission; 

(7) fires for the disposal of dangerous materials 
where there is no alternative method of disposal; 

(8) fires for the disposal of material generated as a 
result of a natural disaster, such as tornado. 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1896 



PROPOSED RULES 



hurricane, or flood if the regional office supervi- 
sor grants permission for the burning. The 
person desiring to do the burning shall document 
to the regional office supervisor of the appropri- 
ate regional office that there is no other practical 
method of disposal of the waste. Factors that 
the regional office supervisor shall consider in 
granting permission for the burning include type, 
amount, and nature of combustible substances. 
The regional office supervisor shall not grant 
permission for the burning if the primary pur- 
pose of the fire is to dispose of synthetic materi- 
als or refuse or recovery of salvageable materi- 
als. Fires authorized under this Subparagraph 
shall comply with the conditions of Subpara- 
graph (b)(2) of this Rule; 
(9) fires purposely set by manufacturers of fire 
extinguishing materials or equipment, testing 
laboratories, or other persons, for the purpose of 
testing or developing these materials or equip- 
ment in accordance with a valid standard qualifi- 
cation program; 

(10) fires purposely set for the instruction and train- 
ing of fire-fighting personnel, including fires at 
permanent fire-fighting training facilities, or 
when conducted under the supervision of: 

(A) the Division of Forest Resources, 

(B) the North Carolina Insurance Department, 

(C) North Carolina technical institutes, or 

(D) North Carolina community colleges, including: 
(i) the North Carolina Fire College, or 

(ii) the North Carolina Rescue College, 

which are conducted with the cooperation of 
one or both of these agencies; and 

(11) fires not described in Subparagraph (10) of this 
Paragraph, purposely set for the instruction and 
training of fire-fighting personnel, provided that: 

(A) The regional office supervisor of the appropri- 
ate regional office and the AHMB have been 
notified according to the procedures and dead- 
lines contained in the appropriate regional 
notification form. This form may be obtained 
by writing the appropriate regional office at 
the address in Rule . 1905 of this Section and 
requesting it^ and 

(B) The regional office supervisor has granted 
permission for the burning. Factors that the 
regional office supervisor shall consider in 
granting permission for the burning include 
type, amount, and nature of combustible 
substances. The regional office supervisor 
shall not grant permission for the burning of 
salvageable items, such as insulated wire and 
electric motors or if the primary purpose of 
the fire is to dispose of synthetic materials or 
refuse. The regional office supervisor of the 
appropriate regional office shall not consider 



previously demolished structures as having 
training value. However, the regional office 
supervisor of the appropriate regional office 
may allow an exercise involving the burning of 
motor vehicles burned over a period of time by 
a training unit or by_ several related training 
units. Any deviations from the dates and times 
of exercises, including additions, postpone- 
ments, and deletions, submitted in the schedule 
in the approved plan shall be communicated 
verbally to the regional office supervisor of the 
appropriate regional office at least one hour 
before the burn is scheduled. 
(c) The authority to conduct open burning under this 
Section does not exempt or excuse any person from the 
consequences, damages or injuries which may result from 
this conduct. It does not excuse or exempt any person from 
complying with all applicable laws, ordinances, rules or 
orders of any other governmental entity having jurisdiction 
even though the open burning is conducted in compliance 
with this Section. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.107(a)(5). 

.1904 AIR CURTAIN BURNERS 

(a) Air permits shall not be required for air curtain 
burners located at temporary land clearing or right-of-way 
maintenance sites for less than nine months. However, air 
permits shall be required for air curtain burners located at 
permanent sites or where materials are transported in from 
another site. 

(b) Air curtain burners described in Paragraph (a) of this 
Rule shall comply with the following conditions and stipula- 
tions: 

(1) Prevailing winds at the time of burning shall be 
away from any area which may be significantly 
affected by smoke, ash, or other air pollutants 
from the burning; 

(2) Only collected land clearing and yard waste 
materials may be burned. Heavy oils, asphaltic 
materials, items containing natural or synthetic 
rubber, tires, grass clippings, collected leaves, 
paper products, plastics, general trash, garbage, 
or any materials containing painted or treated 
wood materials shall not be burned. Leaves still 
on trees or brush may be burned; 

(3) No fires shall be started or material added to 
existing fires when the Division of Forest Re- 
sources has banned burning for that area; 

(4) Burning shall be conducted only between the 
hours of 8:00 a.m. and 6:00 p.m.; 

(5) The air curtain burner shall not be operated 
more than the maximum source operating hours- 
per-day and days-per-week. The maximum 
source operating hours-per-day and days-per- 
week shall be set to protect the ambient air 



1897 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



> 



quality standard and prevention of significant 
deterioration (PSD) increment for particulate. If 
the air curtain burner will: 

(A) bum 35 tons of material per day or more in an 
area were the particulate baseline date for the 
PSD has been triggered, or 

(B) burn 210 tons of material per day or more in 
an area where the particulate baseline date for 
PSD has not been triggered, the maximum 
source operating hours-per-day and days-per- 
week shall be determined using the modeling 
procedures in Rule .1106(b),(c), and (f) of this 
Chapter. This Subparagraph shall not apply to 
temporary air curtain burners; 

(6) Operators of the air curtain burner shall be 
certified to read visible emissions and the facility 
shall be tested for visible emissions within 90 
days after initial operation and within 90 days of 
permit expiration; 

(7) Air curtain burners shall meet manufacturers 
specifications for operation and upkeep to ensure 
complete burning of material charged into the 
pit. Manufacturers specifications shall be kept on 
site and be available for inspection by Division 
staff; 

(8) Except during start-up, visible emissions shall 
not exceed five percent opacity when averaged 
over a six-minute period except that one six- 
minute period with an average opacity of more 
than five percent but no more than 35 percent 
shall be allowed for any one-hour period. 
During start-up, the visible emissions shall not 
exceed 35 percent opacity when averaged over 
a six-minute period. Start-up shall not last for 
more than 30 minutes, and there shall be no 
more than one start-up per day; 

(9) The owner or operator of an air curtain burner 
shall not allow ash to build up. in the pit to a 
depth higher than one-third of the depth of the 
p_it or to the point where the ash begins to 
impede combustion, whichever occurs first. The 
owner or operator of an air curtain burner shall 
water the ash prior to its removal to prevent the 
ash from becoming airborne; 

(10) The owner or operator of an air curtain burner 
shall not load material into the air curtain burner 
such that it will protrude above the air curtain; 

(11) Only distillate oil, kerosene, diesel fuel, natural 
gas, or liquefied petroleum gas may be used to 
start the fire; and 

(12) The location of the burning at temporary sites 
shall be at least 500 feet from any dwelling, 
group of dwellings, or commercial or institu- 
tional establishment, or other structure not 
located on the property on which the burning is 
conducted and 100 feet from any public road 
measured from the nearest edge of the pavement 



or other roadway surface- 
Compliance with this Rule does not relieve any owner or 
operator of an air curtain burner from the necessity of 
complying with other rules in this Section or any other air 
quality rules. 

(c) Recordkeeping Requirements. The owner or operator 
of an air curtain burner at a permanent site shall keep a 
daily log of specific materials burned and amounts of 
material burned in pounds per hour and tons per year. The 
owner or operator of an air curtain burner at a temporary 
site shall keep a log of total number of tons burned per 
temporary site. 

(d) Title V Considerations. Burners that have the 
potential to burn 15.000 tons of material or more per year 
may be subject to Section 15A NCAC 20 .0500, Title V 
Procedures. 

(e) Prevention of Significant Deterioration Consideration. 
Burners that burn 38,000 tons per year or more may be 
subject to 15A NCAC 2D .0530, Prevention of Significant 
Deterioration. 



Statutory Authority G.S. 143-215. 3(a)(1); 
215.107(a)(5); 143-215.66; 143-215.108. 



143- 



.1905 REGIONAL OFFICE LOCATIONS 

Inquiries, requests and plans shall be handled by. the 
appropriate Department of Environmental, Health, and 
Natural Resources regional offices. They are: 

(1) Asheville Regional Office, Interchange Building, 
59 Wood fin Place, Asheville, North Carolina 
28801; 

(2) Winston-Salem Regional Office, 585 Waughtown 
Street, Winston-Salem. North Carolina 27107; 

(3) Mooresville Regional Office, 919 North Main 
Street, Mooresville. North Carolina 28115; 

£4} Raleigh Regional Office, 3800 Barrett Drive, 
Raleigh, North Carolina 27611; 

(5) Fayetteville Regional Office, Wachovia Building, 
Suite 714, Fayetteville, North Carolina 28301; 

(6) Washington Regional Office, 1424 Carolina 
Avenue, Farish Building, Washington, North 
Carolina 27889; and 

(7) Wilmington Regional Office, 127 Cardinal Drive 
Extension, Wilmington, North Carolina 28405. 

Statutory Authority G.S. 143-215. 3(a)(1). 

. 1 906 DELEGATION TO COUNTY GOVERNMENTS 

The Director may upon request by a county government 
enter into an agreement on a case-by-case basis with that 
county government to allow that county government to 
implement and enforce this Section. The Director shall not 
delegate authority to a county government for the permitting 
of an air curtain burner at a permanent site as defined in 
Rule .1904 of this Section. 

Statutory Authority G.S. 143-215. 3(a)(1); 143-215.112. 



10.16B 



NORTH CAROLINA REGISTER 



November IS, 1995 1898 



PROPOSED RULES 



SUBCHAPTER 2H - PROCEDURES FOR PERMITS: 
APPROVALS 

SECTION .0600 - AIR QUALITY PERMITS 

.0610 PERMIT REQUIREMENTS FOR TOXIC 
AIR POLLUTANTS 

(a) Definitions. For the purposes of this Rule, the 
following definitions apply: 

(1) "Actual emissions" means the average rate at 
which the source actually emitted the pollutant 
during a two-year period that preceded the date 
of the application for the modification and that 
is representative of normal operation of the 
source. 

(2) "Creditable emissions" means actual decreased 
emissions that have not been previously relied on 
to comply with 15A NCAC 2D. All creditable 
emissions shall be enforceable by permit condi- 
tion. 

(3) "Evaluation" means a determination of ambient 
air concentrations as described under 15A 
NCAC 2D .1106 and shall include emissions 
from sources exempted by Paragraph (g) of this 
Rule. 

(4) "Existing facility" means any facility that was 
permitted to construct or was in operation before 
October 1, 1993. 

(5) "Incinerator" means any device subject to re- 
quirements of 15A NCAC 2D .1200. 

(6) "MACT" means any maximum achievable 
control technology emission standard applied to 
a source or facility pursuant to Title III of the 
1990 federal Clean Air Act Amendments. 

(7) "Maximum feasible control" means the maxi- 
mum degree of reduction for each pollutant 
subject to regulation in this Rule using the best 
technology that is available taking into account, 
on a case-by-case basis, energy, environmental, 
and economic impacts and other costs. 

(8) "Modification" means any physical change or 
change that results in a net increase in emissions 
or ambient concentration of any pollutant listed 
in Paragraph (h) of this Rule or which results in 
the emission of any pollutant listed in Paragraph 
(h) of this Rule not previously emitted. 

(9) "Net increase in emissions" means the amount 
by which the sum of the following exceeds zero: 

(A) any increase in emissions from a particular 
physical change or change in the method of 
operation at the facility; and 

(B) any other increases and decreases in emissions 
at the facility within five years immediately 
preceding the filing of an air permit applica- 
tion for the modification that are otherwise 
creditable emissions. 

(10) "Unadulterated wood" means wood that is not 



painted, varnished, stained, oiled, waxed, or 

otherwise coated or treated with any chemical. 

Plywood, particle board, and resinated wood are 

not unadulterated wood, 
(b) Applicability. Except as provided in Paragraph (g) or 
(h) of this Rule, no person shall cause or allow any toxic air 
pollutant named in 15 A NCAC 2D . 1 104 to be emitted into 
the atmosphere from any source without having received a 
permit from the Commission commission in accordance with 
the following: 

(1) New Facilities. Any facility that begins con- 
struction after September 30, 1993, and that: 

(A) is required to have a permit because of appli- 
cability of Sections in Subchapter 2D of this 
Chapter other than Section . 1 100 of this Sub- 
chapter, except for facilities whose emissions 
of toxic air pollutants result only from 
combusting unadulterated fossil fuels or un- 
adulterated wood and associated storage of 
such fuels; or 

(B) has a standard industrial classification (SIC) 
code that has previously been called under 
Subparagraph (b)(3) of this Rule; 

shall comply with Section . 1 100 of this Subchap- 
ter before beginning construction or operation, 
shall have received a permit to emit toxic air 
pollutants before beginning construction and 
shall comply with such permit when beginning 
operation. 

(2) Facilities with Incinerators. The owner or 
operator of any incinerator subject to 15A 
NCAC 2D .1200 which began construction or 
was in operation before October 1, 1991, shall 
apply for a permit or a permit modification to 
emit toxic air pollutants from the incinerator, 
including associated waste handling and storage, 
in accordance with the compliance schedules 
contained in 15A NCAC 2D .1209. The owner 
or operator of the incinerator shall apply for a 
permit or a permit modification to emit toxic air 
pollutants from all other sources at that facility 
in accordance with Subparagraphs (b)(3) through 
(6) of this Rule. 

(3) SIC Calls for Existing Facilities. The owner or 
operator of an existing facility shall have 180 
days to apply for a permit or permit modifica- 
tion for the emissions of toxic air pollutants after 
receiving written notification from the Director. 
Such facilities shall comply with 15 A NCAC 2D 
.1100 as follows: 

(A) If it is not known that the source is, or will be, 

subject to a MACT at the time of notification, 

the source shall comply: 

(i) within three years from the date that the 

permit is issued if the source does not emit 

any toxic air pollutant in common with any 

source at the facility subject to MACT, or 



1899 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



(i) 



(ii) in accordance with Subparagraph (b)(4) of 
this Rule if the source emits a toxic air 
pollutant in common with any source at (5) 

the facility subject to MACT. 
(B) If it is known that the source is, or will be, 
subject to a MACT at the time of notification, 
the source shall comply in accordance with 
Subparagraph (b)(4) of this Rule. 
The Director shall notify facilities subject to this 
Subparagraph by calling for permit applications 
on the basis of standard industrial classifications, 
that is, he shall call at one time for permits for 
all facilities statewide that have the same 
four-digit standard industrial classification code, 
except those facilities located in certified local 
air pollution control agency areas. (Local air 
pollution control agencies shall call the standard (A) 

industrial classification code within their juris- 
diction when the Director calls that code. A 
local air pollution control agency may call a 
particular standard industrial classification code (ii) 

before the Director calls that code if the Com- 
mission approves the call by the local air pollu- 
tion control agency.) All sources, regardless of 
their standard industrial classification code and (B) 

including sources combusting only unadulterated 
fossil fuels or unadulterated wood, at the facility 
shall be included in the call for permit applica- 
tions. All members of a source or facility 
category not having a standard industrial classifi- 
cation code shall similarly be called at one time. 
For categories of sources, excluding cooling 
towers, for which it is known that the Environ- 
mental Protection Agency (EPA) has scheduled 
promulgation of a MACT under Section 112(e) 
of the federal Clean Air Act, the Director shall 
notify facilities in these categories as the EPA 
promulgates MACT. If the EPA fails to pro- 
mulgate a MACT as scheduled after it has 
approved the State's Title V permit program, the 
Director shall notify facilities 18 months after 
the missed promulgation date. 
(4) Existing Facilities Subject to MACT. The 
owner or operator of an existing facility subject 
to one or more MACT, or that may be subject 
to a MACT based on studies required by Section 
112(n)(l) of the Clean Air Act, 42 U.S.C. 
Section 7412(n)(l), shall submit a permit appli- 
cation to comply with Section .1100 of this 
Subchapter at the same time that he submits a 
permit application to comply with the last (6) 

MACT that is known to apply to the facility. (A) 

The permit application shall include an evalua- 
tion for all toxic air pollutants covered under 
15A NCAC 2D .1104 for all sources at the 
facility. The facility shall comply with the 
requirements of 15A NCAC 2D . 1 100 by the 



same deadline that it is required to comply with 
the last MACT. 

Modification. For modification of a facility 
undertaken after August 31, 1993, that is re- 
quired to have a permit because of applicability 
of Sections in Subchapter 2D of this Chapter 
other than Section .1100 of this Subchapter, 
except for facilities whose emissions of toxic air 
pollutants result only from combusting unadul- 
terated fossil fuels or unadulterated wood and 
associated storage of such fuels or that has a 
standard industrial classification (SIC) code that 
has previously been called under Subparagraph 
(b)(3) of this Rule, the owner or operator of the 
facility shall submit a permit application to 
comply with 15A NCAC 2D .1100 if: 
The modification results in: 



a net increase in emissions of any toxic air 
pollutant that the facility was emitting 
before the modification, or 
emissions of any toxic air pollutant that the 
facility was not emitting before the modifi- 
cation if such emissions exceed any level 
contained in Paragraph (h) of this Rule; or 
The Director finds that the modification of the 
facility will significantly increase the risk to 
human health posed by the facility. The 
Director shall provide his findings to the 
owner or operator of the facility. The Direc- 
tor may require the owner or operator of a 
facility subject to this Subparagraph to provide 
a satisfactory analysis showing what the resul- 
tant emissions and increase of risk to human 
health from the modified facility will be. 
The permit application filed pursuant to Part (A) 
of this Subparagraph shall include an evaluation 
for all toxic air pollutants covered under 15 A 
NCAC 2D .1104 for which there is a net in- 
crease in emissions of toxic air pollutants being 
emitted before the modification or an increase in 
emissions of toxic air pollutants above the level 
in Paragraph (h) of this Rule of toxic air pollut- 
ants not being emitted before the modifications. 
All sources at the facility emitting these toxic air 
pollutants shall be included in the evaluation. 
The permit application filed pursuant to Part (B) 
of this Subparagraph shall include an evaluation 
for all toxic air pollutants identified by the 
Director as significantly increasing the risk to 
human health. 

Previously Permitted Facilities. 
A facility that received a permit to emit toxic 
air pollutants before October 1, 1993, shall 
continue to operate under the terms of such 
permit. The emissions of toxic air pollutants 
resulting from modification of the facility will 
be regulated pursuant to Subparagraph (h)(5) 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1900 



PROPOSED RULES 



of this Rule. 
(B) A facility that has received a permit to emit 
toxic air pollutants before October 1, 1993, 
that is operating under a compliance schedule 
previously approved by the Director, and that 
will be subject to a MACT shall be required to 
comply with the terms of such compliance 
schedule unless the owner or operator of the 
facility demonstrates to the satisfaction of the 
Director that compliance requires substantial 
capital expenditures that may be rendered 
unnecessary when MACT is applied. Where 
such a demonstration is made, the owner or 
operator of the facility shall submit a permit 
application to comply with 15A NCAC 2D 
. 1 100 in accordance with Subparagraphs 
(b)(3), (4), or (5) of this Rule. 

(c) Demonstrations. The owner or operator of a source 
who is applying for a permit or permit modification to emit 
toxic air pollutants shall: 

(1) demonstrate to the satisfaction of the Director 
through dispersion modeling that the emissions 
of toxic air pollutants from the facility will not 
cause any acceptable ambient level listed in 15A 
NCAC 2D .1104 to be exceeded; or 

(2) demonstrate to the satisfaction of the Commis- 
sion or its delegate that the ambient concentra- 
tion beyond the premises (contiguous and adja- 
cent property boundary) for the subject toxic air 
pollutant will not adversely affect human health 
even though the concentration is higher than the 
acceptable ambient level in 15A NCAC 2D 
. 1 104 by providing one of the following demon- 
strations: 

(A) the area where the ambient concentrations are 
expected to exceed the acceptable ambient 
levels in 15A NCAC 2D . 1 104 are not inhabit- 
able or occupied for the duration of the aver- 
aging time of the pollutant of concern, or 

(B) new toxicological data that shows that the 
acceptable ambient level in 15 A NCAC 2D 
. 1 104 for the pollutant of concern is too low 
and the facility's ambient impact is below the 
level indicated by the toxicological data. 

(d) Technical Infeasibility and Economic Hardship. This 
Paragraph shall not apply to any incinerator covered under 
15A NCAC 2D .1200. The owner or operator of any 
source constructed before May 1, 1990, who cannot supply 
a demonstration described in Paragraph (c) of this Rule 
shall: 

(1) demonstrate to the satisfaction of the Commis- 
sion or its delegate that complying with the 
guidelines in 15A NCAC 2D .1104 is technically 
infeasible (the technology necessary to reduce 
emissions to a level to prevent the acceptable 
ambient levels in 15A NCAC 2D .1104 from 
being exceeded does not exist); or 



(2) demonstrate to the satisfaction of the Commis- 
sion or its delegate that complying with the 
guidelines in 15A NCAC 2D .1104 would result 
in serious economic hardship. 
If the owner or operator makes a demonstration to the 
satisfaction of the Commission or its delegate pursuant to 
Subparagraph (1) or (2) of this Paragraph, the Director shall 
require the owner or operator of the source to apply 
maximum feasible control. Maximum feasible control shall 
be in place and operating within three years from the date 
that the permit is issued for the maximum feasible control. 

(e) Public Notice and Opportunity for Public Hearing. If 
the owner or operator of a source chooses to make a 
demonstration pursuant to Subparagraph (c)(2) or (d)(1) or 
(2) of this Rule, the Commission or its delegate shall 
approve or disapprove the permit after a public notice with 
an opportunity for a public hearing. The public notice shall 
meet the requirements of Paragraph (d) of Rule .0603 of 
thio S e ction (c) of L5A NCAC 2Q .0307 . Any subsequent 
public hearing shall meet the requirements of Paragraph (e) 
of 15A NCAC 20 .0307. Rule .0603 of this Section except 
that th e p e rmit, if approv e d, shall not b e oomo part of th e 
North Carolina Stat e Impl e m e ntation Plan for Air Quality. 

(f) Modeling Demonstration. If the owner or operator of 
a facility demonstrates by modeling that any toxic air 
pollutant emitted from his facility contributes an incremental 
concentration to the ambient air concentration of that 
pollutant beyond his premises which is less than the accept- 
able ambient level values given in 15A NCAC 2D . 1 104, he 
does not have to provide any further modeling demonstra- 
tion with his permit application. However, the Commission 
may still require more stringent emission levels in accor- 
dance with its analysis under 15A NCAC 2D .1107. 

(g) Exemptions. A permit to emit toxic air pollutants 
shall not be required for: 

(1) the noncommercial use of household cleaners, 
household chemicals, or household fuels in 
private residences; 

(2) asbestos demolition and renovation projects that 
comply with 15A NCAC 2D -&&2S .1110 and 
that are being done by persons accredited by the 
Department of Environment, Health, and Natu- 
ral Resources under the Asbestos Hazard Emer- 
gency Response Act; 

(3) emissions from gasoline dispensing facility or 
gasoline service station operations performed as 
a part of petroleum distribution to the ultimate 
consumer where the emissions comply with 15 A 
NCAC 2D .0524, .0925, .0928, .0932 and 
.0933 and that receive gasoline from bulk gaso- 
line plants or bulk gasoline terminals that com- 
ply with 15A NCAC 2D .0524, .0925, .0926, 
.0927, .0932, and .0933 via tank trucks that 
comply with 15A NCAC 2D .0932; 

(4) the use for agricultural operations by a farmer of 
fertilizers, pesticides, or other agricultural 
chemicals containing one or more of the com- 



1901 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



pounds listed in 15A NCAC 2D . 1 104 if such 
compounds are applied in accordance with 
agronomic practices acceptable to the North 
Carolina Department of Agriculture and the 
Commission; 

(5) manholes and customer vents of wastewater 
collection systems; 

(6) emissions of ethylene oxide resulting from use 
as a sterilant in the production and subsequent 
storage of medical devices or the packaging and 
subsequent storage of medical devices for sale 
provided that the emissions from all new and 
existing sources located at the facility described 
in Paragraph (d) of 15A NCAC 2D .0538 are 
controlled at least to the degree described in 
Paragraph (d) of 15A NCAC 2D .0538 and the 
facility complies with Paragraphs (e) and (f) of 
15A NCAC 2D .0538; 

(7) emissions from bulk gasoline plants, including 
emissions from the storage and handling of fuel 
oils, kerosenes, and jet fuels but excluding 
emissions from the storage and handling of other 
organic liquids, that comply with 15A NCAC 
2D .0524, .0925, .0926, .0932, and .0933 
unless the Director finds that a permit to emit 
toxic air pollutants is required under this Rule 
for a particular bulk gasoline plant; 



(8) emissions from bulk gasoline terminals, includ- 
ing emissions from the storage and handling of 
fuel oils, kerosenes, and jet fuels but excluding 
emissions from the storage and handling of other 
organic liquids, that comply with 15A NCAC 
2D .0524, .0925, .0927, .0932, and .0933 if the 
bulk gasoline terminal existed before November 
1, 1992, unless: 

(A) the Director finds that a permit to emit toxic 
air pollutants is required under this Rule for a 
particular bulk gasoline terminal, or 

(B) the owner or operator of the bulk gasoline 
terminal meets the requirements of 15A NCAC 
2D .0927(i). 

(h) Emissions Rates Requiring a Permit. A permit to emit 
toxic air pollutants shall be required for any facility whose 
actual emissions from all sources are greater than any one 
of the following: 



lb/yr 



lb/day 



lb/hr 



lb/15 
min. 



(1) 


acetaldehyde 


(2) 


acetic acid 


(3) 


acrolein 


(4) 


acrylonitrile 


(5) 


ammonia 


(6) 


ammonium chromed 


(7) 


ammonium dichromate 


(8) 


aniline 


(9) 


arsenic and inorganic 




arsenic compounds 


(10) 


asbestos 


(11) 


aziridine 


(12) 


benzene 


(13) 


benzidine and salts 


(14) 


benzo(a)pyrene 


(15) 


benzyl chloride 


(16) 


beryllium 


(17) 


beryllium chloride 


(18) 


beryllium fluoride 


(19) 


beryllium nitrate 


(20) 


bis-chloromethyl 




ether 


(21) 


bromine 


(22) 


1,3-butadiene 



10 



0.016 

1.9X10" 6 

8.1 
0.0010 

2.2 

0.28 
0.28 
0.28 
0.28 

0.025 



1.7 

0.24 

0.005 

0.17 



0.013 
0.013 



0.25 



0.13 



0.13 



0.013 



12 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1902 



PROPOSED RULES 



(23) 


cadmium 


0.37 




(24) 


cadmium acetate 


0.37 




(25) 


cadmium bromide 


0.37 




(26) 


calcium chromed 


0.0056 




(27) 


carbon disulfide 




3.9 


(28) 


carbon tetrachloride 


460 




(29) 


chlorine 




0.79 


(30) 


chlorobenzene 




46 


(31) 


chloroform 


290 




(32) 


chloroprene 




9.2 


(33) 


chromic acid 




0.013 


(34) 


chromium (VI) 


0.0056 




(35) 


cresol 






(36) 


p-dichlorobenzene 






(37) 


dichlorodifluoromethane 




5200 


(38) 


dichlorofluoromethane 


10 




(39) 


di(2-ethylhexyl) 








phthalate 




0.63 


(40) 


dimethyl sulfate 




0.063 


(41) 


1,4-dioxane 




12 


(42) 


epichlorohydrin 


5600 




(43) 


ethyl acetate 






(44) 


ethylenediamine 




6.3 


(45) 


ethylene dibromide 


27 




(46) 


ethylene dichloride 


260 




(47) 


ethylene glycol 








monoethyl ether 




2.5 


(48) 


ethylene oxide 


1.8 




(49) 


ethyl mercaptan 






(50) 


fluorides 




0.34 


(51) 


formaldehyde 






(52) 


hexachlorocyclo- 








pentadiene 




0.013 


(53) 


hexachlorodibenzo- 








p-dioxin 


0.0051 




(54) 


n-hexane 




23 


(55) 


hexane isomers 
except n-hexane 






(56) 


hydrazine 




0.013 


(57) 


hydrogen chloride 






(58) 


hydrogen cyanide 




2.9 


(59) 


hydrogen fluoride 




0.63 


(60) 


hydrogen sulfide 






(61) 


maleic anhydride 




0.25 


(62) 


manganese and compounds 




0.63 


(63) 


manganese 
cyclopentadienyl 








tricarbonyl 




0.013 


(64) 


manganese tetroxide 




0.13 


(65) 


mercury, alkyl 




o.ooi: 


(66) 


mercury, aryl and 








inorganic compounds 




0.013 


(67) 


mercury, vapor 




0.013 


(68) 


methyl chloroform 




250 


(69) 


methylene chloride 


1600 




(70) 


methyl ethyl ketone 




78 


(71) 


methyl isobutyl ketone 


52 





i 



0.057 



0.89 



0.56 



4.2 



36 
0.64 



0.48 

0.025 
0.064 



0.0025 



0.010 



0.28 



0.025 



23 

0.045 

0.016 
0.13 



16 

5.6 



1.9 



i 



1903 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



(72) 


methyl mercaptan 


(73) 


nickel carbonyl 


(74) 


nickel metal 


(75) 


nickel, soluble 




compounds, as nickel 


(76) 


nickel subsulfide 


(77) 


nitric acid 


(78) 


nitrobenzene 


(79) 


N-nitrosodimethylamine 


(80) 


pentachlorophenol 


(81) 


perchloroethylene 


(82) 


phenol 


(83) 


phosgene 


(84) 


phosphine 


(85) 


polychlorinated 




biphenyls 


(86) 


potassium chromate 


(87) 


potassium dichromate 


(88) 


sodium chromate 


(89) 


sodium dichromate 


(90) 


strontium chromate 


(91) 


styrene 


(92) 


sulfuric acid 


(93) 


tetrachlorodibenzo- 




p-dioxin 


(94) 


1,1,1,2-tetrachloro- 




2 , 2-di fluoroethane 


(95) 


1 , 1 ,2,2-tetrachloro- 




1 ,2-difluoroethane 


(96) 


1,1,1,2-tetrachloro- 




ethane 


(97) 


toluene 


(98) 


toluene-2,4-diisocyanate 


(99) 


trichloroethylene 


(100) 


trichlorofluoromethane 


(101) 


1,1,2-trichIoro- 




1, 2, 2-tri fluoroethane 


(102) 


vinyl chloride 


(103) 


vinylidene chloride 


(104) 


xylene 


(105) 


zinc chromate 



0.013 



0.14 



3.4 



13,000 



5.6 



0.013 



0.0056 



0.00020 



430 



4000 



26 



0.0056 



0.013 
0.13 

0.013 



1.3 



0.063 



0.052 



0.013 

0.013 
0.013 



0.25 



1100 



1100 



98 
0.011 



2.5 
57 



0.064 



0.13 



0.0064 



0.24 



0.008 



2.7 
0.025 



140 



3.6 
0.001 



60 



4.1 



(i) Calls by the Director. Notwithstanding any other provision of this Rule or 15A NCAC 2D .1 104, the Director may. 
upon written finding that a source or facility emitting toxic air pollutants presents an unacceptable risk to human health based 
on the acceptable ambient levels in 15A NCAC 2D .1104 or epidemiology studies, require the owner or operator of the 
source or facility to submit a permit application to comply with 15A NCAC 2D .1100. 

Statutory Authority G.S. 143-215. 3(a)(1); 143-215.108; 143B-282. 



SUBCHAPTER 2Q - AIR QUALITY PERMIT 
PROCEDURES 

SECTION .0100 - GENERAL PROVISIONS 

.0102 ACTIVITIES EXEMPTED FROM 
PERMIT REQUIREMENTS 

(a) If a source is subject to any of the following rules, 
then the source is not exempted from permit requirements. 



and the exemptions in Paragraph (b) of this Rule do not 
apply: 

(1) new source performance standards under 15 A 
NCAC 2D .0524 or 40 CFR Part 60, except 
new residential wood heaters; 

(2) national emission standards for hazardous air 
pollutants under 15A NCAC 2D ,0525 .1110 or 
40 CFR Part 61, except asbestos demolition and 
renovation activities; 



10.16B 



NORTH CAROLINA REGISTER 



November IS, 1995 1904 



PROPOSED RULES 



(3) 

(4) 

(5) 
(6) 



prevention of significant deterioration under 15A 
NCAC 2D .0530; 

new source review under 15A NCAC 2D .0531 
or .0532; 

sources of volatile organic compounds subject to 
the requirements of 15A NCAC 2D .0900 that 
are located in Mecklenburg and Gaston Coun- 
ties; 

sources required to apply maximum achievable 
control technology for hazardous air pollutants 
under 15A NCAC 2D .1109 or under 15A 
NCAC 2D .1111 or 40 CFR Part 63 or to apply 
generally available control technology (GACT) 
or work practice standards for hazardous air 
pollutants under 15A NCAC 2D .1111 or 40 
CFR Part 63- 63^ except perchloroethyiene dry 
cleaners; or 



(7) 



sources at facilities subject to 15A NCAC 2D 
. 1 100. (If a source does not emit a toxic air 
pollutant for which the facility at which it is 
located has been evaluated, it shall be exempted 
from needing a permit if it qualifies for one of 
the exemptions in Paragraph (b) of this Rule). 
(b) The following activities do not need a permit or 
permit modification under this Subchapter; however, the 
Director may require the owner or operator of these 
activities to register them under 15A NCAC 2D .0200: 
(1) activities exempted because of category (These 
activities shall not be included on the permit 
application or in the permit.): 
(A) maintenance, upkeep, and replacement: 

(i) maintenance, structural changes, or repairs 
which do not change the capacity of such 
process, fuel-burning, refuse-burning, or 
control equipment, and do not involve any 
change in quality or nature or increase in 
quantity of emission of regulated air pol- 
lutants; 
(ii) housekeeping activities or building mainte- 
nance procedures, including painting build- 
ings, resurfacing floors, roof repair, wash- 
ing, portable vacuum cleaners, sweeping, 
use and associated storeage of janitorial 
products, or insulation removal; 
(iii) use of office supplies, supplies to maintain 
copying equipment, or blueprint machines, 
(iv) use of fire fighting equipment; 
(v) paving parking lots; or 
(vi) replacement of existing equipment with 
equipment of the same size, type, and 
function that does not result in an increase 
to the actual or potential emission of regu- 
lated air pollutants and that does not affect 
the compliance status, and with replace- 
ment equipment that fits the description of 
the existing equipment in the permit, 
including the application, such that the 



replacement equipment can be operated 
under that permit without any changes in 
the permit; 

(B) air conditioning or ventilation: comfort air 
conditioning or comfort ventilating systems 
which do not transport, remove, or exhaust 
regulated air pollutants to the atmosphere; 

(C) laboratory equipment activities : 

(i) bench-scale, on-site laboratory equipment 
used exclusively for chemical or physical 
analysis for quality control purposes, staff 
instruction, water or wastewater analyses, 
or non-production environmental compli- 
ance assessments; 

(ii) bench-scale experimentation, chemical or 
physical analyses, training or instruction 
from not-for-profit, non-production educa- 
tional laboratories; non production labora 
torv e quipm e nt uood at non profit h e alth or 
non profit — educational — institutions — fef 
chemical or physical analyses, bench scale 
e xp e rim e ntation or training, or instruction; 

(iii) bench-scale experimentation, chemical or 
physical analyses, training or instruction 
from hospitals or health laboratories pursu- 
ant to the determination or diagnoses of 
illnesses; or laboratory equipment used for 
chemical or physical analysis for bench 
scal e experimentation, — training, instruo 
tion, or r e s e arch and d e v e lopm e nt that is 
not required to bo permitted under Section 
.0500 of this Subchapter; 

(iv) research and development laboratory activ- 
ities that are not required to be permitted 
under Section .0500 of this Subchapter 
provided the activity produces no commer- 
cial product or feedstock material; 

(D) storage tanks: 

(i) storage tanks used solely to store fuel oils, 
kerosene, diesel. crude oil, used motor oil, 
lubricants, natural gas, or liquified petro- 
leum gas; 

(ii) storage tanks used to store gasoline for 
which there are no applicable requirements 
except Stage I controls under 15A NCAC 
2D .0928; 

(iii) storage tanks used solely to store inorganic 
liquids; or 

(iv) storage tanks or vessels used for the tem- 
porary containment of materials resulting 
from an emergency response to an unantic- 
ipated release of hazardous materials; 

(E) combustion and heat transfer equipment: 

(i) space heaters burning distillate oil, kero- 
sene, natural gas, or liquified petroleum 
gas operating by direct heat transfer and 



1905 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



used solely for comfort heat; 

(ii) residential wood stoves, heaters, or fire- 
places; 

(iii) hot water heaters which are used for do- 
mestic purposes only and are not used to 
heat process water; 

(F) wastewater treatment processes: industrial 
wastewater treatment processes or municipal 
wastewater treatment processes for which there 
are no applicable requirements; 

(G) gasoline distribution: gasoline service stations 
or gasoline dispensing facilities that are not 
required to be permitted under Section .0500 
of this Subchapter; 

(H) processes: 

(i) small electric motor burn-out ovens with 
secondary combustion chambers or after- 
burners; 

(ii) hosiery knitting machines and associated 
lint screens, hosiery dryers and associated 
lint screens, and hosiery dyeing processes 
where bleach or solvent dues are not used; 

(iii) wood planners; 
(I) (H) miscellaneous: 

(i) motor vehicles, aircraft, marine vessels, 
locomotives, tractors or other 

self-propelled vehicles with internal com- 
bustion engines; 

(ii) non-self-propelled non-road engines, ex- 
cept generators, regulated by rules adoped 
under Title II of the federal Clean Air 
Act; 

(iii) fti) equipment used for the preparation of 
food for direct on-site human consump- 
tion; 

(iv) («i) a source whose emissions are regu- 
lated only under Section 112(r) or Title VI 
of the federal Clean Air Act that is not 
required to be permitted under Section 
.0500 of this Subchapter; 

(v) (iv) exit gases from in-line process analyz- 
ers; 

(vi) (v) stacks or vents to prevent escape of 
sewer gases from domestic waste through 
plumbing traps; 
(vii) (vi) refrigeration equipment that is consis- 
tent with Section 601 through 618 of Title 
VI (Stratospheric Ozone Protection) of the 
federal Clean Air Act, 40 CFR Part 82, 
and any other regulations promulgated by 
EPA under Title VI for stratospheric- 
ozone protection, except those units used 
as or in conjunction with air pollution 
control equipment; 
(viii) (vii) equipment not vented to the outdoor 
atmosphere with the exception of equip- 
ment that emits volatile organic com- 



pounds; 
(ix) (viii) equipment that does not emit any 

regulated air pollutants; or 
(x) (i*) sources for which there are no appli- 
cable requirements and are not required to 
be permitted under Section .0500 of this 
Subchapter. 
(2) activities exempted because of size or production 
rate (These activities shall not be included in the 
permit. If the facility is subject to the permit- 
ting procedures under Section .0500 of this 
Subchapter, these activities shall be listed on the 
permit applications; otherwise, these activities 
shall not be listed on the permit applications.): 

(A) storage tanks: 

(i) above-ground storage tanks with a storage 
capacity of no more than 1 100 gallons 
storing organic liquids liquido, e xcluding 
hazardous air pollutants, with a true vapor 
pressure of no more than 10.8 pounds per 
square inch absolute at 70 F; or 
(ii) underground storage tanks with a storage 
capacity of no more than 2500 gallons 
storing organic liquids liquids, excluding 
hazardous air pollutants, with a true vapor 
pressure of no more than 10.8 psi absolute 
at 70 F; 

(B) combustion and heat transfer equipment: 

(i) fuel combustion equipment, except for 
internal combustion engines, for which 
construction, modification, or reconstruc- 
tion commenced after June 9, 1989, firing 
exclusively kerosene. No. 1 fuel oil, No. 
2 fuel oil, equivalent unadulterated fuels, 
natural gas, liquified petroleum gas, or a 
mixture of these fuels with a heat input 
rating less than 10 million BTU per hour; 
(ii) fuel combustion equipment, except for 
internal combustion engines, for which 
construction, modification, or reconstruc- 
tion commenced before June 10, 1989, 
firing exclusively: 
(I) kerosene. No. 1 fuel oil, No. 2 fuel 
oil, equivalent unadulterated fuels, or a 
mixture of these fuels with gaseous 
fuels with a heat input rating less than 
30 million BTU per hour; 
(II) natural gas or liquefied petroleum gas 
with a heat input rating less than 65 
million BTU per hour; 
(iii) space heaters burning waste oil if: 

(I) The heater burns only oil that the 
owner or operator generates or used oil 
from do-it-yourself oil changers who 
generate used oil as household wastes; 
(II) The heater is designed to have a maxi- 
mum capacity of not more than 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1906 



PROPOSED RULES 



500,000 Btu per hour; and 
(III) The combustion gases from the heater 
are vented to the ambient air; 
(iv) emergency use generators and other inter- 
nal combustion engines not regulated by 
rules adopted under Title H of the federal 
Clean Air Act , except self-propelled vehi- 
cles, that have a rated capacity of no more 
than: 
(I) 310 kilowatts or 460 horsepower for 

natural gas-fired engines, 
(II) 830 kilowatts or 1150 horsepower for 
liquified petroleum gas-fired engines, 

Of 

(III) 270 kilowatts or 410 horsepower for 
diesel-fired engines; engines, or 

(IV) 21 kilowatts or 3_i horsepower for 
gasoline engines; 

(v) portable generators and other portable 
equipmennt with internal combustion 
engines not regulated by rules adopted 
under Title II of the federal Clean Air 
Act, except self-propelled vehicles, that 
operate at the facility no more than a 
combined 350 hours for any 365-day 
period provided such generators or engines 
are no more than 750 kilowatt or 1 100 
horsepower each; 

(C) gasoline distribution: bulk gasoline plants with 
an average daily throughput of less than 4000 
gallons that is not required to be permitted 
under Section .0500 of this Subchapter; 

(D) processes: 

(j} printing, paint spray booths or other paint- 
ing or coating operations without air pollu- 
tion control devices (water wash and filters 
that are an integral part of the paint spray 
booth are not considered air pollution 
control devices) located at a facility whose 
facility-wide actual emissions of: 
(I) (t) Volatile organic compounds are less 

than five tons per year, and 
(II) (4+) Photochemically reactive solvent 
emissions under 15A NCAC 2D .0518 
are less than 40 30 pounds per day; 
provided the facility is not required to be 
permitted under Section .0500 of this 
Subchapter. Subchapter; 
(ii) saw mills that saw no more than 2,000,000 
board feet per year provided only green 
wood is sawed; 
(iii) perchloroethylene dry cleaners that con- 
sume less 13,000 pounds of 
perchloroethylene per year; 

(E) miscellaneous: 

(i) any source without an air pollution control 
device whose potential emissions of partic- 



ulate, sulfur dioxide, nitrogen oxides, 
volatile organic compounds, and carbon 
monoxide are each no more than five tons 
per year and whose potential emissions of 
hazardous air pollutants are below their 
lesser quantity cutoff except: with a poton 
tial to e mit no more than five tono per 
yoar of each regulated pollutant that is not 
a hazardous air pollutant and who30 omis 
oiono would not violat e any applicable 
e missions standard and whoo e emissions) of 
all hazardous air pollutants are below their 
respective lessor quality cutoff omission 
rat e s in 40 CFR Part 63; 
(I) storage tanks, 

(II) fuel combustion equipment, 

(III) space heaters burning waste oil, 

(IV) emergency generators or other non- 
self-propelled combustion engines, 

(V) portable generators, 
(VI) bulk gasoline plants, 
(VII) printing, paint spray booths, or other 

painting or coating operations, 
(VII) saw mills, or 
(IX) perchloroethylene dry cleaners. 

provided that the total potential emissions 
of particulate, sulfur dioxide, nitrogen 
oxides, volatile organic compounds, and 
carbon monoxide from the facility are each 
less than 40 tons per year annd the total 
potential emissions of all hazardous air 
pollutants are below the lesser quantity 
cutoff or porvided that the facility has an 
air quality permit; 

(ii) any facility without an air pollution control 
device whose actual emissions of particu- 
late, sulfur dioxide, nitrogen oxides, vola- 
tile organic compounds, or carbon monox- 
ide are each less than five tons per year, 
whose potential emissions of all hazardous 
air pollutants are below their r e sp e ctive 
lesser quality cutoff emission rat e s in 40 
CFR Part -63, and which is not required to 
have a permit under Section .0500 of this 
Subchapter; 

(iii) e missions of any hazardou s air pollutant 
where the omissions from the facility of 
that hazardou s air pollutant is below it s 
l e ss e r quality cutoff e mission rat e in 10 
CFR Part 63 any source that only emits 
hazardous air pollutants that are not also a 
particulate or a volatile organic compound 
and whose potential emissions of hazard- 
ous air pollutants are below their lesser 
quantity cutoff ; 

(iv) electrostatic dry powder coating operations 



1907 



NORTH CAROLINA REGISTER 



November IS, 1995 10.16B 



PROPOSED RULES 



equipped with powder recovery including 
curing ovens with a heat input of less than 
10,000,000 BTU per hour; or 
(v) any incinerator covered under Paragraph 
(d) of 15A NCAC 2D .1201. 
(F) case-by-case exemption: activities that the 
applicant demonstrates to the satisfaction of the 
Director to be negligible in their air quality 
impacts, not to have any air pollution control 
device, and not to violate any applicable emis- 
sion control standard when operating at maxi- 
mum design capacity or maximum operating 
rate, whichever is greater. 

(c) Because an activity is exempted from being required 
to have a permit does not mean that the activity is exempted 
from any applicable requirement or that the owner or 
operator of the source is exempted from demonstrating 
compliance with any applicable requirement. 

(d) Emissions from stationary source activities identified 
in Paragraph (b) of this Rule shall be included in determin- 
ing compliance with the toxic air pollutant requirements 
under 15A NCAC 2D . 1 100 or 2H .0610. 

£e) The owner or operator of a facility or source claiming 
an exemption under Paragraph (b) of this Rule shall provide 
the Director documentation upon request that the facility or 
source is qualified for that exemption. 



Statutory Authority G. S. 

143-215. 107(a)(4); 143-215.108. 



143-215. 3(a)(1); 



.0103 DEFINITIONS 

For the purposes of this Subchapter, the definitions in 
G.S. 143-212 and 143-213 and the following definitions 
apply: 
(1) "Air Pollutant" means an air pollution agent or 

combination of such agents, including any physi- 
cal, chemical, biological, radioactive substance or 
matter which is emitted into or otherwise enters 
the ambient air. Water vapor is not considered to 
be an air pollutant. 

"Allowable emissions" mean the maximum emis- 
sions allowed by the applicable rules contained in 
15A NCAC 2D or by permit conditions if the 
permit limits emissions to a lesser amount. 
"Alter or change" means to make a modification. 
"Applicable requirements" means: 
any requirement of Section .0500 of this Sub- 
chapter; 

any standard or other requirement provided for 
in the implementation plan approved or promul- 
gated by EPA through rulemaking under Title I 
of the federal Clean Air Act that implements the 
relevant requirements of the federal Clean Air 
Act including any revisions to 40 CFR Part 52; 
(c) any term or condition of a construction permit 
for a facility covered under 15A NCAC 2D 
.0530, .0531, or .0532; 



(2) 



(3) 
(4) 
(a) 

(b) 



(d) any standard or other requirement under Section 
111 or 1 12 of the federal Clean Air Act, but not 
including the contents of any risk management 
plan required under Section 1 12 of the federal 
Clean Air Act; 

(e) any standard or other requirement under Title 
IV; 

(0 any standard or other requirement governing 
solid waste incineration under Section 129 of the 
federal Clean Air Act; 

(g) any standard or other requirement under Section 
183(e), 183(0, or 328 of the federal Clean Air 
Act; 

(h) any standard or requirement under Title VI of 
the federal Clean Air Act unless a permit for 
such requirement is not required under this 
Section; 

(i) any requirement under Section 504(1?) or 
114(a)(3) of the federal Clean Air Act; or 

(j) any national ambient air quality standard or 
increment or visibility requirement under Part C 
of Title I of the federal Clean Air Act, but only 
as it would apply to temporary sources permitted 
pursuant to 504(e) of the federal Clean Air Act. 

(5) "Applicant" means the person who is applying for 
an air quality permit from the Division. 

(6) "Application package" means all elements or 
documents needed to make an application com- 
plete. 

(7) "CFR" means Code of Federal Regulations. 

(8) "Construction" means change in the method of 
operation or any physical change (including on-site 
fabrication, erection, installation, replacement, 
demolition, or modification of a source) that 
results in a change in emissions or affects the 
compliance status. 

(9) "Director" means the Director of the Division of 
Environmental Management. 

(10) "Division" means the Division of Environmental 
Management. 

(11) "EPA" means the United States Environmental 
Protection Agency or the Administrator of the 
Environmental Protection Agency. 

(12) "EPA approves" means full approval, interim 
approval, or partial approval by EPA. 

(13) "Equivalent unadulterated fuels" means used oils 
that have been refined such that the content of 
toxic additives or contaminants in the oil are no 
greater than those in unadulterated fossil fuels. 

(14) "Facility" means all of the pollutant emitting 
activities activities, except transportation facilities, 
that are located on one or more contiguous or 
adjacent properties under common control. 

(15) "Federally enforceable" or "federal-enforceable" 
means enforceable by EPA. 

(16) "Fuel combustion equipment" means any fuel 
burning source covered under 15 A NCAC 2D 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1908 



PROPOSED RULES 



.0503, .0504, .0524(a)(1), (29), (56), or (65), or 
.0536. 

(17) "Green wood" means wood with a moisture 
content of 18 percent or more. 

(18) f+7) "Hazardous air pollutant" means any pollutant 
which has been listed pursuant to Section 112(b) 
of the federal Clean Air Act. Pollutants which are 
listed only in 15A NCAC 2D .1104 (Toxic Air 
Pollutant Guidelines), but not pursuant to Section 
1 12(b), are not included in this definition. 

( 19) (4-84 "Insignificant activities" means any activity 
exempted under Rule .0102 of this Section. 

(20) (+9) "Irrevocable contract" means a contract that 
cannot be revoked without substantial penalty. 

(21) "Lesser quantity cutoff" means: 

(a) for a source subject to the requirements of 
Section 1 12(d) or (j) of the federal Clean Air 
Act, the level of emissions of hazardous air 
pollutants below which the following are not 
required: 
maximum achievable control technology 



liil 

(iii) 



(M 



(si 



(23) 



(24) 



(25) 



(26) 



(MACT) or generally available control tech- 
nology (GACT) requirement under Section 
1 12(d) of the federal Clean Air Act: 
substitute MACT or GACT adopted under 
Section 1 1 2(1 ) of the federal Clean Air Act: or 
a MACT standard established under Section 
1 12(i) of the federal Clean Air Act: 
for modification of a source subject to, or may 
be subject to, the requirements of Section 1 12(g) 
of the federal Clean Air Act, the level of emis- 
sions of hazardous air pollutants below which 
MACT is not required to be applied under 
Section 1 12(g) of the federal Clean Air Act; or 
for all other sources, potential emissions of each 
hazardous air pollutant below 10 tons per year 
and the aggregate potential emissions of all 
hazardous air pollutants below 25 tons per year. 
"Major facility" means a major source as defined 
under 40 CFR 70.2. 

(30) "Modification" means any physical change or 
change in method of operation that results in a 
change in emissions or affects compliance status 
of the source or facility. 

(34^ "Owner or operator" means any person who 
owns, leases, operates, controls, or supervises a 
facility, source, or air pollution control equipment. 
"Peak shaving generator" means a generator that 
is located at a facility and is used only to serve 
that facility's on-site electrical load during peak 
demand periods for the purpose of reducing the 
cost of electricity; U does not generate electricity 
for resale. A peak shaving generator may also be 
used for emergency backup. 

(334 "Permit" means the legally binding written 
document, including any revisions thereto, issued 
pursuant to G.S. 143-215.108 to the owner or 



operator of a facility or source that emits one or 
more air pollutants and that allows that facility or 
source to operate in compliance with G.S. 
143-215.108. This document specifies the re- 
quirements applicable to the facility or source and 
to the permittee. 
(27) (334 "Permittee" means the person who has 
received an air quality permit from the Division. 
(34) "Potential emissions" means the rate of 
emissions of any air pollutant which would occur 
at the facility's maximum capacity to emit any air 
pollutant under its physical and operational design. 
Any physical or operational limitation on the 
capacity of a facility to emit an air pollutant shall 
be treated as a part of its design if the limitation 
is federally enforceable. Such physical or opera- 
tional limitations include air pollution control 
equipment and restrictions on hours of operation 
or on the type or amount of material combusted, 
stored, or processed. Potential emissions include 
fugitive emissions as specified in the definition of 
major source in 40 Cm 70.2. Potential emissions 
do not include a facility's secondary emissions 
such as those from motor vehicles associated with 
the facility and do not include emissions from 
insignificant activities listed in Rule .0102(b)(1) of 
this Section. If a rule in 40 CFR Part 63 uses a 
different methodology to calculate potential emis- 
sions, that methodology shall be used for sources 
and pollutants covered under that rule. 
"Portable generator" means a generator perma- 
nently mounted on a trailer or a frame with 
wheels. 

(354 "Regulated air pollutant" means: 
nitrogen oxides or any volatile organic com- 
pound as defined under 40 CFR 51. 100 ; 

(b) any pollutant for which there is an ambient air 
quality standard under 40 CFR Part 50 S e otion 
15A NCAC 2D .O'lOO : 

(c) any pollutant regulated under 15A NCAC 2D 
.0524^ .1110, or .1111 or .0525 or 40 CFR Part 
60, 61, or 63; 

(d) any pollutant subject to a standard promulgated 
under Section 1 12 of the federal Clean Air Act 
or other requirements established under Section 
112 of the federal Clean Air Act, including 
Section 112(g) (but only for the facility subject 
to Section 112(g)(2) of the federal Clean Air 
Act), (j), or (r) of the federal Clean Air Act; or 

(e) any Class I or II substance listed under Section 
602 of the federal Clean Air Act. 

(31) (36) "Source" means any stationary article, ma- 
chine, process equipment, or other contrivance, or 
combination thereof, from which air pollutants 
emanate or are emitted, either directly or indi- 
rectly. 

(32) (3?) "Toxic air pollutant" means any of the carcin- 



(29) 



(30) 
(a) 



1909 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



> 



> 



ogens, chronic toxicants, acute systemic toxicants, 
or acute irritants that are listed in 15A NCAC 2D 
.1104. 

(33) (38) "Transportation facility" means a complex 
source as defined at G.S. 143-213(22) that is 
subject to the requirements of 15A NCAC 2D 
.0800. 

(34) (39) "Unadulterated fossil fuel" means fuel oils, 
coal, natural gas, or liquefied petroleum gas to 
which no toxic additives have been added that 
could result in the emissions of a toxic air pollut- 
ant listed under 15A NCAC 2D .1104. 

Statutory Authority G.S. 143-215.3(a)(l); 143-212; 143-213. 

.0109 COMPLIANCE SCHEDULE FOR 

PREVIOUSLY EXEMPTED ACTIVITIES 

(a) If a source has heretofore been exempted from 
needing a permit, but because of change in permit exemp- 
tions, it is now required to have a permit as follows: 

(1) If the source is located at a facility that currently 
has an air quality permit, the source shall be 
added to the air quality permit of the facility the 
next time that permit is revised or renewed, 
whichever occurs first. 

(2) If the source is located at a facility that currently 
does not have an air quality permit, the owner 
or operator of that source shall apply for a 
permit: 

(A) by the schedule in Rule .0506 of this Subchap- 
ter if the source is subject to the requirements 
of Section .0500 of this Subchapter, or 

(B) by January 1, 1998, if the source is not subject 
to the requirements of Section .0500 of this 
Subchapter. 

(b) If a source becomes subject to requirements promul- 
gated under 40 CFR Part 63; the owner or operator of the 
source shall apply for a permit: 

(1) by February 1, 1995, if the source is required to 
apply generally available control technology 
(GACT) GACT promulgated under 40 CFR Part 
63 before July 1, 1994, or July L, 1994, 

(2) by the schedule in Rule .0506 of this Subchapter 
for a maximum achievable control technology 
(MACT) requiremennt under 40 CFR Part 63 
promulgated before EPA a pproves Section .0500 
of this Subchapter: or 

(3) (3) within 1 80 days after the date of promulga- 
tion: 

(A) of a GACT requirement under 40 CFR Part 63 
if the source is required to apply a GACT 
promulgated after June 30, 1994, or 

(B) of a maximum achievable control technology 
(MACT) MACT requirement under 40 CFR 
Part 63 promulgated after EPA approves 
Section .0500 of this Subchapter. 



Statutory Authority G.S. 143-215. 3(a)(1); 143-215.108; 
143-215.109. 

SECTION .0200 - PERMIT FEES 

.0201 APPLICABILITY 

(a) With the exceptions in Paragraphs (b) and (d) (b), (d), 
and (e) of this Rule, this Section, Section is applicable: 



(1) 



(A) 



(B) 



(Q 



(2) 



as of the permit anniversary date on or after July 
1, 1994, to facilities that have or will have 
actual emissions of: 
100 tons per year or more of particulate, 
sulfur dioxide, nitrogen oxides, volatile or- 
ganic compounds, or carbon monoxide; 
10 tons per year or more of at least one haz- 
ardous air pollutant; or 
25 tons per year or more of all hazardous air 
pollutants combined; and 
as of the permit anniversary date on or after 
October 1, 1994, to all facilities other than the 
facilities described in Subparagraph (a)(1) of this 
Rule. 

(b) The permit application fees in this Section are 
applicable on and after January 1, 1995. 

(c) Before the applicability date of Paragraph (a) or (b) of 
this Rule, the fees of 15A NCAC 2H .0609 are in effect. 

(d) A general facility obtaining a permit under Rule .0509 
of this Subchapter shall comply with provisions of this 
Section that are applicable to a Title V facility except that 
the fees are different as stated. 

(e) (d) Rule .0207 of this Section is applicable to all 
facilities as of its effective date. 

Statutory Authority G.S. 143-215. 3 (a)(1), (la), (lb), (Id); 
143-215. 106A; 150B-21.6. 

.0202 DEFINITIONS 

For the purposes of this Section, the following definitions 
apply: 

(1) "Actual emissions" means the actual rate of 
emissions in tons per year of any air pollutant 
emitted from the facility over the preceding 
calendar year. Actual emissions shall be calcu- 
lated using the sources' actual operating hours, 
production rates, in-place control equipment, and 
types of materials processed, stored, or combusted 
during the preceding calendar year. Actual 
emissions include fugitive emissions as specified 
in the definition of major source in 40 CFR 70.2. 
For fee applicability and calculation purposes 
under Rule .0201 or .0203 of this Section and 
emissions reporting purposes under Rule .0207 of 
this Section, actual emissions do not include 
emissions beyond the normal emissions during 
violations, malfunctions, start-ups, and 
shut-downs, do not include a facility's secondary 
emissions such as those from motor vehicles 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1910 



PROPOSED RULES 



associated with the facility, and do not include 
emissions from insignificant activities listed in 
Rule .0102(b)(1) of this Subchapter. 
(2) "Title V facility" means a facility that has or ohall 
have potential omissiono of : 
(a) has or shall have potential emissions of: 

fa) 100 tono por yoar or more of at l e ast on e r e gu 

latod air pollutant; 
(j) (b) 10 tons per year or more of at least one 

hazardous air pollutant; ef 
(ii) fe) 25 tons per year or more of all hazardous 

air pollutants combined, combined; or 
(iii) 100 tons per year or more of at least one 



regulated air pollutant except any pollutant that 
is regulated solely because it is subject to a 
regulation or standard under Section 112(r) of 
the federal Clean Air Act (accidental releases). 
If a facility has portions of the facility classi- 
fied under different Major Groups as described 
in the Standard Industrial Classification Man- 
ual, 1987, the portions will be evaluated 
separately with regard to this threshold; or 
If a facility has portionc of the faoility olaooifi e d 
under difforont Major Groups as described in tho 
Standard Industrial Classification Manual, 19 8 7, 
the portions will bo e valuated separat e ly with 
r e gard to thresholds in this d e finition. 



(b) is a facility required to have a permit under 
Section .0500 of this Subchapter because the 
facility was a major facility on or after the first 
compliance date of any requirement in 40 CFR 
Part 61 or 63. 

(3) "Synthetic minor facility" means a facility that 
would be a Title V facility except that the poten- 
tial emissions are reduced below the thresholds in 
Paragraph (2) of this Rule by one or more physi- 
cal or operational limitations on the capacity of the 
facility to emit an air pollutant. Such limitations 
must be enforceable by EPA and may include air 
pollution control equipment and restrictions on 
hours of operation, the type or amount of material 
combusted, stored, or processed. 

(4) "General facility" means a facility obtaining a 
permit under Rule .0310 or .0509 of this Subchap- 
ter. 

(5) "Small facility" means a facility that is not a Title 
V facility, a synthetic minor facility, a general 
facility, nor solely a transportation facility. 

(6) "Before Title V program" means before complete, 
interim, or partial approval by EPA of the North 
Carolina program to implement Title V. 

(7) "After Title V program" means after complete, 
interim, or partial approval by EPA of the North 
Carolina program to implement Title V. 



Statutory Authority 
150B-21.6. 



G. S. 143-215. 3(a)(1), (la), (lb), (Id); 



.0203 PERMIT AND APPLICATION FEES 

(a) The owner or operator of any facility holding a permit shall pay the following permit fees: 

ANNUAL PERMIT FEES 
(FOR CALENDAR YEAR 1994) 







Basic 




Nonattain- 


Facility 


Tonnage 


Permit 




ment Area 


Category 


Factor 


Fee 




Added Fee 


Title V 


$14.63 


$5100 




$2600 


Synthetic Minor 




1500 






Small 




250 






Transportation 











General 


50% of the otherwi 


se applicable 


fee 





A facility, other than a Title V facility, which has been in compliance may be eligible for a 25% discount from the annual 
permit fees as described in Paragraph (a) of Rule .0205 of this Section. Annual permit fees for Title V facilities shall be 
adjusted for inflation as described in Rule .0204 of this Section. Annual permit fees for Title V facilities consist of the sum 
of the applicable fee elements, 
(b) In addition to the annual permit fee, a permit applicant shall pay a non-refundable permit application fee as follows: 

PERMIT APPLICATION FEES (EFFECTIVE JANUARY 1, 1995) 
(FEES FOR CALENDAR YEAR 1994) 



1911 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



Facility 
Category 


New or 
Modification 


New or 

Significant 

Modification 


20. .0300 or 

Minor 

Modification 


Owner- 
ship 
Change 


Title V 

(before Title 
V Program) 


$700 






$50 


Title V 

(after Title 
V Program) 




$7200 


$700 


50 


Title V (PSD 

or NSR/NAA) 


10900 






50 


Title V (PSD 

and NSR/NAA) 


21200 






50 


Synthetic Minor 


400 






50 


Small 


50 






25 


Transportation 


400 






50 


General 


50% of the otherwise 


applicable fee 




25 



Permit application fees for Title V facilities shall be adjusted for inflation as described in Rule .0204 of this Section. 

(c) If a facility, other than a general facility, belongs to more than one facility category, the fees shall be those of the 
applicable category with the highest fees. If a permit application belongs to more than one type of application, the fee shall 
be that of the applicable permit application type with the highest fee. 

(d) The tonnage factor fee shall be applicable only to Title V facilities. It shall be computed by multiplying the tonnage 
factor indicated in the table in Paragraph (a) of this Rule by the facility's combined total actual emissions of all regulated 
air pollutants, rounded to the nearest ton, contained in the latest emissions inventory that has been completed by the Division. 
The calculation shall not include: 

(1) carbon monoxide; 

(2) any pollutant that is regulated solely because it is a Class I or II substance listed under Section 602 of the federal 
Clean Air Act (ozone depletors); 

(3) any pollutant that is regulated solely because it is subject to a regulation or standard under Section 1 12(r) of the 
federal Clean Air Act (accidental releases); and 

(4) the amount of actual emissions of each pollutant that exceeds 4,000 tons per year. 

Even though a pollutant may be classified in more than one pollutant category, the amount of pollutant emitted shall be 
counted only once for tonnage factor fee purposes and in a pollutant category chosen by the permittee. If a facility has more 
than one permit, the tonnage factor fee for the facility's combined total actual emissions as described in this Paragraph shall 
be paid only on the permit whose anniversary date first occurs on or after July 1 . 

(e) The nonattainment area added fee shall be applicable only to facilities located in a nonattainment area defined in 15A 
NCAC 2D .0531 (Sources in Nonattainment Areas) and subject to 15A NCAC 2D .0531 or 15 A NCAC 2D .0900 (Volatile 
Organic Compounds). 

(f) A Title V (PSD or NSR/NAA) facility is a facility whose application is subject to review under 15A NCAC 2D .0530 
(Prevention of Significant Deterioration) or 15A NCAC 2D .0531 (Sources in Nonattainment Areas). 

(g) A Title V (PSD and NSR/NAA) facility is a facility whose application is subject to review under 15 A NCAC 2D .0530 
(Prevention of Significant Deterioration) and 15A NCAC 2D .0531 (Sources in Nonattainment Areas). 

(h) Minor modification permit applications which are group processed require the payment of only one permit application 
fee per facility included in the group. 

(i) No permit application fee is required for renewal of an existing permit, for changes to an unexpired permit when the 
only reason for the changes is initiated by the Director or the Commission, for a name change with no ownership change, 
for a change under Rule .0523 (Changes Not Requiring Permit Revisions) of this Subchapter, or for a construction date 
change, a test date change, a reporting procedure change, or a similar change. 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1912 



PROPOSED RULES 



(j) The permit application fee paid for modifications under 15A NCAC 2Q .0400, Acid Rain Procedures, shall be the fee 
for the same modification if it were under 15A NCAC 2D .0500, Title V Procedures. 

£k] An applicant who files permit applications pursuant to Rule .0504 of this Subchapter shall pay an application fee as 
would be determined by the application fee for the permit required under Section .0500 of this Subchapter; this fee will cover 
both applications provided that the second application covers only what is covered under the first application. If permit terms 
or conditions in an existing or future permit issued under Section .0500 of this Subchapter will be established or modified 
by an application for a modification and if these terms or conditions are enforceable by the Division only, then the applicant 
shall pay the fee under the column entitled "20 .0300 Only or Minor Modification" in the table in Paragraph (b) of this Rule. 
This Paragraph does not apply until EPA approves Section .0500 of this Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1), (la), (lb), (Id); 143-215. 106A; 150B-21.6. 



.0204 INFLATION ADJUSTMENT 

Beginning in 1995, the fees of Rule .0203 of this Section 
for Title V facilities shall be adjusted as of January 1st of 
each year for inflation. The inflation adjustment shall be 
done by the method described in 40 CFR 70.9(b)(2)(iv), 
except that the method shall be altered to account for the 
fact that the fees shown in Rule .0203 of this Section are for 
calendar year 1994. The tonnage factor shall be rounded to 
a whole cent and the other fees shall be rounded to a whole 
dollar, dollar, except that the ownership change application 
fee shall be rounded to the nearest ten-dollar ($10.00) 
increment. 

Statutory' Authority G.S. 143-215. 3(a)(1), (la), (lb), (Id); 
143-215. 106A: 150B-21.6. 

.0207 ANNUAL EMISSIONS REPORTING 

Tho owner or operator of: 

f4-) a Title V facility; or 

f2-) any other facility, — other than a transportation 

facility, that has actual emissions of 25 tons per 
year or more of nitrog e n oxid e s or volatil e organic 
compounds — and that ie looatod in Davidson, 

Durham, Forsyth, Gaston, Guilford, 

Mecklenburg, — or Wake County, in Dutehvillo 

Township in Granvill e County, or in that part of 

Davi e County bound e d by th e Yadkin Riv e r, 

Dutohmans Creek, North Carolina Highway 8 01, 

Fulton Creek and back to the Yadkin River; 

shall r e port by Jun e 30th of e ach y e ar th e actual and 

pot e ntial e missions of e ach regulat e d pollutant, e ach hazard 

ouj air pollutant, and each toxic air pollutant that i s listed in 

15A NCAC 2D .110 4 , from each source within tho facility 

during th e previous cal e ndar y e ar. — Th e report shall b e in or 

on such form as may b e es tablish e d by th e Dir e ctor. — Th+s 

annual reporting requirement shall begin with calendar year 

1993 emi ss ion s . The accuracy — of the report s hall bo 

c e rtifi e d by a r e sponsibl e official of th e facility as d e fin e d 
und e r <1 CFR 70.2. — R e porting may be required for other 
facilitie s by permit condition or pursuant to 15A NCAC 2D 
t O202 (Regi s tration of Air Pollution Sources). 

(a) The owner or operator of a Title V facility shall 
report by June 30th of each year the actual emissions during 
the previous calendar year of: 

(1) volatile organic compounds. 



(2) nitrogen oxides, 

(3) total suspended particulates, 

(4) sulfur dioxide, 

(5) fluorine, 

(6) hydrogen chloride, 

(7) hydrogen fluoride, 

(8) hydrogen sulfide, 

(9) methyl chloroform, 
( 10) methylene chloride, 

(11) ozone, 

( 12) chlorine. 

(13) hydrazine, 

( 14) phosphine. 

(15) particulate matter (PM10), 

(16) carbon monoxide, and 

(17) lead. 

(b) The owner or operator of a facility not included in 
Paragraph (a) of this Rule, other than a transportation 
facility, that has actual emissions of 25 tons per year or 
more of nitrogen oxides or volatile organic compounds and 
that is located in Davidson, Durham, Forsyth, Gaston, 
Guilford, Mecklenburg, or Wake County, in Dutchville 
Township in Granville County, or in that part of Davie 
County bounded by the Yadkin River, Dutchmans Creek, 
North Carolina Highway 801, Fulton Creek and back to the 
Yadkin River shall report by June 30th of each year the 
actual emissions of nitrogen oxides and volatile organic 
compounds during the previous calendar year. 

(c) The report shall be in or on such form as may be 
established by the Director. The Director may require 
reporting for sources within a facility, for other facilities, or 
for other pollutants, parameters, or information, by permit 
condition or pursuant to 15A NCAC 2D .0202 (Registration 
of Air Pollution Sources). This annual reporting require- 
ment shall begin with calendar year 1993 emissions. The 
accuracy of the report shall be certified by a responsible 
official of the facility as defined under 40 CFR 70.2. 

Statutory Authority G.S. 143-215. 3(a)(1), (la), (lb), (Id); 
143-215.65; 143-215. 106A; 143-215.107; 143B-282; 
150B-21.6. 

SECTION .0300 - CONSTRUCTION AND 
OPERATION PERMITS 



1913 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



.0302 FACILITIES NOT LIKELY TO 

CONTRAVENE DEMONSTRATION 

(a) This Rule applies only to this Section. It does not 
apply to Section .0500 (Title V Procedures) of this Subchap- 
ter. 

(b) If a facility is subject to any of the following rules, 
the facility is not exempted from permit requirements, and 
the exemptions in Paragraph (c) of this Rule do not apply: 

(1) new source performance standards under 15A 
NCAC 2D .0524 or 40 CFR Part 60, except 
new residential wood heaters; 

(2) national emission standards for hazardous air 
pollutants under 15A NCAC 2D t0535 .1110 or 
40 CFR Part 61, except asbestos demolition and 
renovation activities; 

(3) prevention of significant deterioration under 15 A 
NCAC 2D .0530; 

(4) new source review under 15A NCAC 2D .0531 
or .0532; 

(5) sources of volatile organic compounds subject to 
the requirements of 15 A NCAC 2D .0900 that 
are located in Mecklenburg and Gaston Coun- 
ties; 

(6) sources required to apply maximum achievable 
control technology for hazardous air pollutants 
under 15A NCAC 2D .1109 or under 40 CFR 
Part 63 or to apply generally available control 
technology (GACT) under or work practice 
standards 40 CFR Part 63; 

(7) sources at facilities subject to 15A NCAC 2D 
.1100; or 

(8) facilities subject to Title V permitting procedures 
under Section .0500 of this Subchapter. 

(c) The owner or operator of any facility required to have 
a permit under this Section may request the Director to 
exempt the facility from the requirement to have a permit. 
The request shall be in writing. Along with the request, the 
owner or operator shall submit supporting documentation to 
show that air quality and emission control standards will not 
be, nor are likely to be, contravened. This documentation 
shall include: 

(1) documentation that the facility has no air pollu- 
tion control devices; 

(2) documentation that no source at the facility will 
violate any applicable emissions control standard 
when operating at maximum design or operating 
rate, whichever is greater; and 

(3) ambient modeling showing that the ambient 
impact of emissions from the facility will not 
exceed the levels in 15A NCAC 2D .0532(c)(5) 
when all sources at the facility are operated at 
maximum design or operating rate, whichever is 
greater. 

If the documentation shows to the satisfaction of the 
Director that air quality and emission control standards will 
not be, nor are likely to be, contravened, a permit shall not 
be required. 



Statutory Authority G.S. 143-215. 3(a)(1); 143-215.108. 

.0311 PERMITTING OF FACILITIES AT 
MULTIPLE TEMPORARY SITES 

(a) The Director may issue a single permit authorizing 
emissions from a facility or source at multiple temporary 
sites. 

(b) In order for a facility or source to qualify for a permi t 
for multiple temporary sites under this Rule, the operation 
muat involv e at l e aot one change of sit e during th e term of 
the perm itr 

(b) (e) Permits for facilities at multiple temporary sites 
shall include: 

(1) the identification of each site; 

(2) the conditions that will assure compliance with 
all applicable requirements at all approved sites; 

(3) a requirement that the permittee notify the 
Division at least 10 days in advance of each 
change of site; and 

(4) the conditions that assure compliance with all 
other provisions of this Section. 

Statutory Authority G.S. 143-215. 3(a)(1); 143-215.108. 

SECTION .0500 - TITLE V PROCEDURES 

.0501 PURPOSE OF SECTION AND 

REQUIREMENT FOR A PERMIT 

(a) The purpose of this Section is to establish an air 
quality permitting program as required under Title V and 40 
CFR Part 70. 

(b) The procedures and requirements under this Section 
do not apply until EPA approves this Section. 

(c) With the exception in Paragraph (d) of this Rule, the 
owner or operator of an existing facility, new facility, or 
modification of an existing facility (except for minor 
modifications under Rule .0515 of this Section), including 
significant modifications that would not contravene or 
conflict with a condition in the existing permit, subject to 
the requirements of this Section shall not begin construction 
without first obtaining: 

(1) a construction and operation permit following 
the procedures under this Section (except for 
Rule .0504), or 

(2) a construction and operation permit following 
the procedures under Rule .0504 and filing a 
complete application within 12 months after 
commencing operation to modify the construc- 
tion and operation permit to meet the require- 
ments of this Section. 

(d) If the permittee proposes to make a significant 
modification under Rule .0516 of this Section that would 
contravene or conflict with a condition in the existing 
permit, he shall not begin construction or make the modifi- 
cation until he has obtained: 

(1) a construction and operation permit following 
the procedures under this Section (except for 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1914 



PROPOSED RULES 



Rule .0504 of this Section); or 
(2) a construction and operation permit following 
the procedures under Rule .0504 of this Section 
and, before beginning operation, files an appli- 
cation and obtains a permit modifying the con- 
struction and operation permit to meet the 
requirements of this Section (except for Rule 
.0504 of this Section). 

(e) All facilities subject to this Section must have a permit 
to operate that assures compliance with 40 CFR Part 70 and 
all applicable requirements. 

(f) Except as allowed under Rule .0515 (minor modifica- 
tions) of this Section, no facility subject to the requirements 
of this Section may operate after the time that it is required 
to submit a timely and complete application under this 
Section except in compliance with a permit issued under this 
Section. This Paragraph does not apply to initial submittals 
under Rule .0506 of this Section or to permit renewals 
under Rule .0513 of this Section. 

(g) If the conditions of Rule .0512(b) (application shield) 
of this Section are met, the facility's failure to have a permit 
under this Section shall not be a violation. 

(h) If the owner or operator of a facility subject to the 
requirements of this Section submits an a pplication for a 
revision to his permit before receiving the initial permit 
under this Section, the application for the revision shall be 
processed under Section .0300 of this Subchapter. 

(i) (fr) The owner or operator of a facility or source 
subject to the requirements of this Section may also be 
subject to the toxic air pollutant procedures under 15A 
NCAC 2H .0610. 

(j) (4} The owner or operator of an affected unit subject 
to the acid rain program requirements of Title IV is also 
subject to the procedures under Section .0400 of this 
Subchapter. 

(k) {jj The owner or operator of a facility subject to the 
requirements of this Section shall pay permit fees in accor- 
dance with the requirements of Section .0200 of this 
Subchapter. 



Statutory Authority G. S. 

143-215. 107(a)(10); 143-215. 108. 



143-2 15. 3(a)(1); 



.0502 APPLICABILITY 

(a) Except as provided in Paragraph (b) of this Rule, the 
following facilities are required to obtain a permit under this 
Section: 

(1) major facilities; 

(2) facilities with a source subject to 15A NCAC 2D 
.0524 or 40 CFR Part 60, except new residential 
wood heaters; 

(3) facilities with a source subject to 15A NCAC 2D 
tO§35 .1110 or 40 CFR Part 6 1 , except asbestos 
demolition and renovation activities; 

(4) facilities with a source subject to 15A NCAC 2D 
.1111 or 40 CFR Part 63 or any other standard 
or other requirement under Section 112 of the 



federal Clean Air Act, except that a source is 
not required to obtain a permit solely because it 
is subject to rules or requirements under Section 
112(r) of the federal Clean Air Act; 

(5) facilities to which 15A NCAC 2D .0517(2), 
.0528, .0529, or .0534 applies; 

(6) facilities with a source subject to Title IV or 40 
CFR Part 72; or 

(7) facilities in a source category designated by EPA 
as subject to the requirements of 40 CFR Part 
70. 

(b) This Section does not apply to minor facilities with 
sources subject to requirements of 15A NCAC 2D .052 4 or 
^535 .0524, .1110 or .1111 or 40 CFR Part 60, 61, or 63 
until EPA requires these facilities to have a permit under 40 
CFR Part 70. 

(c) Research and development operations located at 
manufacturing facilities shall be considered as a separate and 
discrete facility for the purposes of determining whether 
such operations constitute a major facility subject to the 
permitting requirements of this Section. Except where such 
research and development operations by themselves consti- 
tute a major facility, they shall be exempted from the 
permitting requirements of this Section. 

(d) Once a facility is subject to this Section because of 
emissions of one pollutant, the owner or operator of that 
facility shall submit an application that includes all sources 
of all regulated air pollutants located at the facility except 
for insignificant activities exempted because of category 
under Rule .0102(b)(1) of this Subchapter. 



Statutory Authority G. S. 

143-215. 107(a)(10); 143-215. 108. 



143-215. 3(a)(1); 



.0503 DEFINITIONS 

For the purposes of this Section, the definitions in G.S. 
143-212 and 143-213 and the following definitions apply: 

(1) "Affected States" means all states or local air 
pollution control agencies whose areas of jurisdic- 
tion are: 

(a) contiguous to North Carolina and located less 
than D = Q/12.5 from the facility, where: 

(i) Q = emissions of the pollutant emitted at the 
highest permitted rate in tons per year, and 

(ii) D = distance from the facility to the contigu- 
ous state or local air pollution control agency 
in miles unless the applicant can demonstrate 
to the satisfaction of the Director that the 
ambient impact in the contiguous states or 
local air pollution control agencies is less than 
the incremental ambient levels in 15A NCAC 
2D .0532 (c)(5); or 

(b) within 50 miles of the permitted facility. 

(2) "Complete application" means an application that 
provides all information described under 40 CFR 
70.5(c) and such other information that is neces- 
sary to determine compliance with all applicable 



1915 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



\ 



requirements. 

(3) "Draft permit" means the version of a permit that 
the Division offers public participation under Rule 
.0521 of this Section or affected State review 
under Rule .0522 of this Section. 

(4) "Emissions allowable under the permit" means a 
federally enforceable permit term or condition 
determined at issuance to be an applicable require- 
ment that establishes an emissions limit (including 
a work practice standard) or a federally enforce- 
able emissions cap that the facility has assumed to 
avoid an applicable requirement to which the 
facility would otherwise be subject. 

(5) "Final permit" means the version of a permit that 
the Director issues that has completed all review 
procedures required under this Section if the 
permittee does not file a petition under Article 3 
ofG.S. 150B. 

(6) "Fugitive emissions" means those emissions which 
could not reasonably pass through a stack, chim- 
ney, vent, or other functionally-equivalent open- 
ing. 

(7) "Insignificant activities" means any activity ex- 
empted under Rule .0102 or .0508(aa) of this 
Subchapter. 

(8) "Insignificant activities exempted because of 
category" means any activity exempted under 15A 
NCAC 2Q .0102(b)(1). 

(9) "Insignificant activities exempted because of size 
or production rate" means any activity exempted 
under 15A NCAC 2Q .0102(b)(2). 

(40) "Major facility" moans a major source as dofinod 

under 4 CFR 70.2. 

(10) (44) "Minor facility" means any facility that is not 
a major facility. 

(11) (43) "Operation" means the utilization of equip- 
ment that emits regulated pollutants. 

(12) (43) "Permit renewal" means the process by which 
a permit is reissued at the end of its term. 

(13) (44) "Permit revision" means any permit modifica- 
tion under Rule .0515, .0516, or .0517 of this 
Section or any administrative permit amendment 
under Rule .0514 of this Section. 

(14) (4-5) "Proposed permit" means the version of a 
permit that the Director proposes to issue and 
forwards to EPA for review under Rule .0522 of 
this Section. 

(15) (46) "Relevant source" means only those sources 
that are subject to applicable requirements. 

< >6; {ir+j Responsible official" means a responsible 
official as defined under 40 CFR 70.2. 

(17) (45) "Section 502(b)(10) changes" means changes 
that contravene an express permit term or condi- 
tion. Such changes do not include changes that 
would violate applicable requirements or contra- 
vene federally enforceable permit terms and 
conditions that are monitoring (including test 



methods), recordkeeping, reporting, or compliance 
certification requirements. 

(18) (49) "Synthetic minor facility" means a facility 
that would otherwise be required to follow the 
procedures of this Section except that the potential 
to emit is restricted by one or more federally 
enforceable physical or operational limitations, 
including air pollution control equipment and 
restrictions on hours or operation, the type or 
amount of material combusted, stored, or pro- 
cessed, or similar parameters. 

(19) (30) "Timely" means: 

(a) for initial permit submittals under Rule .0506 of 
this Section, before the end of the time period 
specified for submittal of an application for the 
respective Standard Industrial Classification; 

(b) for a new facility, one year after commencing 
operation; 

(c) for renewal of a permit previously issued under 
this Section, nine months before the expiration 
of that permit; 

(d) for a minor modification under Rule .0515 of 
this Section, before commencing the modifica- 
tion; 

(e) for a significant modification under Rule .0516 
of this Section where the change would not 
contravene or conflict with a condition in the 
existing permit, 12 months after commencing 
operation; 

(f) for reopening for cause under Rule .0517 of this 
Section, as specified by the Director in the 
request for additional information by the Direc- 
tor; ef 

(g) for requests for additional information, as speci- 
fied by the Director in the request for additional 
information by the Director. Director; or 

(h) for modifications made under Section 112(i) of 
the federal Clean Air Act, 18 months after EPA 
fails to promulgate a standard for that category 
of source under Section 112 of the federal Clean 
Air Act by the date established pursuant to 
Section 112(e)(1) or (3) of the federal Clean Air 
Act. 

Statutory Authority G.S. 143-215. 3(a)(1); 143-212; 143-213. 

.0507 APPLICATION 

(a) Except for: 

(1) minor permit modifications covered under Rule 
.0515 of this Section, 

(2) significant modifications covered under Rule 
.0516(c) of this Section, or 

(3) permit applications submitted under Rule .0506 
of this Section, 

the owner or operator of a source shall have one year from 
the date of beginning of operation of the source to file a 
complete application for a permit or permit revision. 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1916 



PROPOSED RULES 



However, the owner or operator of the source shall not 
begin construction or operation until he has obtained a 
construction and operation permit pursuant to Rule .0501(c) 
or (d) and Rule .0504 of this Section. 

(b) The application shall include all the information 
described in 40 CFR 70.5(c), including a list of insignificant 
activities exempted because of size or production rate under 
Rule .0102(b)(2) of this Subchapter, but not including 
insignificant activities exempted because of category under 
Rule .0102(b)(1) of this Subchapter. The application form 
shall be certified by a responsible official for truth, accu- 
racy, and completeness. In the application submitted 
pursuant to this Rule, the applicant may attach copies of 
applications submitted pursuant to Section .0400 of this 
Subchapter or 15A NCAC 2D .0530 or .0531, provided the 
information in those applications contains information 
required in this Section and is current, valid, and complete. 

(c) Application for a permit, permit revision, or permit 
renewal shall be made in accordance with Rule .0104 of this 
Subchapter on official forms of the Division and shall 
include plans and specifications giving all necessary data and 
information as required by the application form. Whenever 
the information provided on these forms does not describe 
the source or its air pollution abatement equipment to the 
extent necessary to evaluate the application, the Director 
may request that the applicant provide any other information 
that the Director considers necessary to evaluate the source 
and its air pollution abatement equipment. 

(d) Along with filing a complete application form, the 
applicant shall also file the following: 

(1) for a new facility or an expansion of existing 
facility, a consistency determination in accor- 
dance with G.S. 143-215.108(0 that: 

(A) bears the date of receipt entered by the clerk 
of the local government, or 

(B) consists of a letter from the local government 
indicating that all zoning or subdivision ordi- 
nances are met by the facility; 

(2) for a new facility or modification of an existing 
facility, a written description of current and 
projected plans to reduce the emissions of air 
contaminants by source reduction and recycling 
in accordance with G.S. 143-215. 108(g); the 
description shall include: 

(A) for an existing facility, a summary of activities 
related to source reduction and recycling and 
a quantification of air emissions reduced and 
material recycled during the previous year and 
a summary of plans for further source reduc- 
tion and recycling; or 

(B) for a new facility, a summary of activities 
related to and plans for source reduction and 
recycling; and 

(3) if required by the Director, information showing 
that: 

(A) The applicant is financially qualified to carry 
out the permitted activities, or 



(B) The applicant has substantially complied with 
the air quality and emissions standards applica- 
ble to any activity in which the applicant has 
previously been engaged, and has been in 
substantial compliance with federal and state 
environmental laws and rules. 

(e) The applicant shall submit copies of the application 
package as follows: 

(1) for sources subject to the requirements of 15A 
NCAC 2D .0530, .0531, or .1200, six copies 
plus one additional copy for each affected state 
that the Director has to notify; 

(2) for sources not subject to the requirements of 
15A NCAC 2D .0530, .0531, or .1200, four 
copies plus one additional copy for each affected 
state that the Director has to notify. 

The Director may at any time during the application process 
request additional copies of the complete application package 
from the applicant. 

(f) Any applicant who fails to submit any relevant facts 
or who has submitted incorrect information in a permit 
application shall, upon becoming aware of such failure or 
incorrect submittal, submit, as soon as possible, such 
supplementary facts or corrected information. In addition, 
an applicant shall provide additional information as neces- 
sary to address any requirements that become applicable to 
the source after the date he filed a complete application but 
prior to release of a draft permit. 

(g) The applicant shall submit the same number of copies 
of additional information as required for the application 
package. 

(h) The submittal of a complete permit application shall 
not affect the requirement that any facility have a precon- 
struction permit under 15A NCAC 2D .0530. .0531, or 
.0532 or under Section .0400 of this Subchapter. 

(i) The Director shall give priority to permit applications 
containing early reduction demonstrations under Section 
1 12^(i}(5) of the federal Clean Air Act. The Director shall 
take final action on such permit applications as soon as 
practicable after receipt of the complete permit application. 

(j) With the exceptions specified in Rule .0203 (i) of this 
Subchapter, a non-refundable permit application processing 
fee shall accompany each application. The permit applica- 
tion processing fees are defined in Section .0200 of this 
Subchapter. Each permit or renewal application is incom- 
plete until the permit application processing fee is received. 

(k) The applicant shall retain for the duration of the 
permit term one complete copy of the application package 
and any information submitted in support of the application 
package. 

Statutory- Authority G.S. 143-215. 3(a)(1); 

143-215. 107(a)(10); 143-215. 108. 

.0508 PERMIT CONTENT 

(a) The permit shall specify and reference the origin and 
authority for each term or condition and shall identify any 



1917 



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November 15, 1995 10.16B 



PROPOSED RULES 



differences in form as compared to the applicable require- 
ment on which the term or condition is based. 

(b) The permit shall specify emission limitations and 
standards, including operational requirements and limita- 
tions, that assure compliance with all applicable require- 
ments at the time of permit issuance. 

(c) Where an applicable requirement of the federal Clean 
Air Act is more stringent than an applicable requirement of 
rules promulgated pursuant to Title IV, both provisions shall 
be placed in the permit. The permit shall state that both 
provisions are enforceable by EPA. 

(d) The permit for sources using an alternative emission 
limit established under 15A NCAC 2D .0501(f) or 15A 
NCAC 2D .0952 shall contain provisions to ensure that any 
resulting emissions limit has been demonstrated to be 
quantifiable, accountable, enforceable, and based on 
replicable procedures. 

(e) The expiration date contained in the permit shall be 
for a fixed term of five years for sources covered under 
Title IV and for a term of no more than five years from the 
date of issuance for all other sources including solid waste 
incineration units combusting municipal waste subject to 
standards under Section 129(e) of the federal Clean Air Act. 

(f) The permit shall contain monitoring and related 
recordkeeping and reporting requirements as specified in 40 
CFR 70.6(a)(3) and 70.6(c)(1) including conditions requir- 
ing: 

(1) the permittee to retain records of all required 
monitoring data and supporting information for 
a period of at least five years from the date of 
the monitoring sample, measurement, report, or 
application (Supporting information includes all 
calibration and maintenance records and all 
original strip-chart recordings for continuous 
monitoring information, and copies of all reports 
required by the permit.); 

(2) the permittee to submit reports of any required 
monitoring at least every six months. The 
permittee shall submit reports: 

(A) on official forms obtained from the Division at 
the address in Rule .0104 of this Subchapter, 

(B) in a manner as specified by a permit condition, 
or 

(C) on such other forms as approved by the Direc- 
tor; and 

(3) the permittee to report malfunctions, emergen- 
cies, and other upset conditions as prescribed in 
15A NCAC 2D .0524, .0525, or .0535 .0535, 
.11 10, or .1111 and to report by the next busi- 
ness day deviations from permit requirements or 
any excess emissions not covered under 15 A 
NCAC 2D .0524, .0525, or .0535 .0535, .1110, 
or .1111 . The permittee shall report in writing 
to either the Director or Regional Supervisor all 
other deviations from permit requirements not 
covered under 15A NCAC 2D .0535 within two 
business days after becoming aware of the 



deviation. The permittee shall include the 
probable cause of such deviation and any correc- 
tive actions or preventive measures taken. All 
deviations from permit requirements shall be 
certified by a responsible official. 
Where appropriate, the Director may allow records to be 
maintained in computerized form. Monitoring, 

recordkeeping, and reporting shall not be required for 
insignificant activities except to the extent necessary to 
comply with Rule .0207 of this Subchapter. 

(g) If the facility is required to develop and register a risk 
management plan pursuant to Section 112(r) of the federal 
Clean Air Act, the permit need only specify that the owner 
or operator of the facility will comply with the requirement 
to register such a plan. The content of the risk management 
plan need not itself be incorporated as a permit term or 
condition. 

(h) The permit shall contain a condition prohibiting 
emissions exceeding any allowances that a facility lawfully 
holds under Title IV. The permit shall not limit the number 
of allowances held by a permittee, but the permittee may not 
use allowances as a defense to noncompliance with any 
other applicable requirement. 

(i) The permit shall contain a severability clause so that 
various permit requirements will continue to be valid in the 
event of a challenge to any other portion of the permit. 

(j) The permit shall state that noncompliance with any 
condition of the permit is grounds for enforcement action; 
for permit termination, revocation and reissuance, or 
modification; or for denial of a permit renewal application. 

(k) The permit shall state that the permittee may not use 
as a defense in an enforcement action that it would have 
been necessary to halt or reduce the permitted activity in 
order to maintain compliance with the conditions of the 
permit. 

(1) The permit shall state that the Director may reopen, 
modify, revoke and reissue, or terminate the permit for 
reasons specified in Rule .0517 or .0519 of this Section. 
The permit shall state that the filing of a request by the 
permittee for a permit revision, revocation and reissuance, 
or termination, notification of planned changes, or antici- 
pated noncompliance does not stay any permit condition. 

(m) The permit shall state that the permit does not convey 
any property rights of any sort, or any exclusive privileges. 

(n) The permit shall state that the permittee shall furnish 
to the Division, in a timely manner, any reasonable informa- 
tion that the Director may request in writing to determine 
whether cause exists for modifying, revoking and reissuing, 
or terminating the permit or to determine compliance with 
the permit. The permit shall state that the permittee shall 
furnish the Division copies of records required to be kept by 
the permit when such copies are requested by the Director. 
For information claimed to be confidential, the permittee 
may furnish such records directly to EPA along with a claim 
of confidentiality. 

(o) The permit shall contain a provision to ensure that the 
permittee pays fees required under Section .0200 of this 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1918 



PROPOSED RULES 



Subchapter. 

(p) The permit shall state the terms and conditions for 
reasonably anticipated operating scenarios identified by the 
applicant in the application. These terms and conditions 
shall: 

(1) require the permittee, contemporaneously with 
making a change from one operating scenario to 
another, to record in a log at the permitted 
facility a record of the operating scenario under 
which it is operating; 

(2) extend the permit shield described in Rule .0512 
of this Section to all terms and conditions under 
each such operating scenario; and 

(3) ensure that each operating scenario meets all 
applicable requirements of Subchapter 2D of this 
Chapter and of this Section. 

(q) The permit shall identify which terms and conditions 
are enforceable by: 

(1) both EPA and the Division; 

(2) the Division only; 

(3) EPA only; and 

(4) citizens under the federal Clean Air Act. 

(r) The permit shall state that the permittee shall allow 
personnel of the Division to: 

(1) enter the permittee's premises where the permit- 
ted facility is located or emissions-related activ- 
ity is conducted, or where records are kept 
under the conditions of the permit; 

(2) have access to and copy, at reasonable times, 
any records that are required to be kept under 
the conditions of the permit; 

(3) inspect at reasonable times and using reasonable 
safety practices any source, equipment (includ- 
ing monitoring and air pollution control equip- 
ment), practices, or operations regulated or 
required under the permit; and 

(4) sample or monitor substances or parameters, 
using reasonable safety practices, for the pur- 
pose of assuring compliance with the permit or 
applicable requirements at reasonable times. 

(s) When a compliance schedule is required under 40 
CFR 70.5(c)(8) or under a rule contained in Subchapter 2D 
of this Chapter, the permit shall contain the compliance 
schedule and shall state that the permittee shall submit at 
least semiannually, or more frequently if specified in the 
applicable requirement, a progress report. The progress 
report shall contain: 

(1) dates for achieving the activities, milestones, or 
compliance required in the compliance schedule, 
and dates when such activities, milestones, or 
compliance were achieved; and 

(2) an explanation of why any dates in the compli- 
ance schedule were not or will not be met, and 
any preventive or corrective measures adopted. 

(t) The permit shall contain requirements for compliance 
certification with the terms and conditions in the permit, 
including emissions limitations, standards, or work prac- 



tices. The permit shall specify: 

(1) the frequency (not less than annually or more 
frequently as specified in the applicable require- 
ments or by the Director) of submissions of 
compliance certifications; 

(2) a means for monitoring the compliance of the 
source with its emissions limitations, standards, 
and work practices; 

(3) a requirement that the compliance certification 
include: 

(A) the identification of each term or condition of 
the permit that is the basis of the certification; 

(B) the compliance status as shown by monitoring 
data and other information reasonably available 
to the permittee; 

(C) whether compliance was continuous or inter- 
mittent; 

(D) the method(s) used for determining the compli- 
ance status of the source, currently and over 
the reporting period; and 

(E) such other facts as the permit may specify to 
determine the compliance status of the source; 

(4) that all compliance certifications be submitted to 
EPA as well as to the Division; and 

(5) such additional requirements as may be specified 
under Sections 1 14(a)(3) or 504(b) of the federal 
Clean Air Act. 

(u) The permit shall contain a condition that authorizes 
the permittee to make Section 502(b)(10) changes, 
off-permit changes, or emission trades in accordance with 
Rule .0523 of this Section. 

(v) The permit shall include all applicable requirements 
for all sources covered under the permit. 

(w) The permit shall specify the conditions under which 
the permit shall be reopened before the expiration of the 
permit. 

(x) If regulated, fugitive emissions shall be included in 
the permit in the same manner as stack emissions. 

(y) The permit shall contain a condition requiring annual 
reporting of actual emissions as required under Rule .0207 
of this Subchapter. 

(z) The permit shall not include sources for which there 
are no applicable requirements. 

(aa) The permit shall not include insignificant activities. 

(bb) The permit may contain such other provisions as the 
Director considers appropriate. 

Statutory Authority G.S. 143-215. 3(a)(1); 143-215.65; 
143-215.66; 143-215. 107 (a)(10); 143-215.108. 

.0526 CASE-BY-CASE MACT PROCEDURES 

(a) The owner or operator of a source required to apply 
maximum achievable control technology (MACT) under 
15A NCAC 2D .1109 shall follow the permit procedures set 
out in this Rule. 

(b) For the purposes of this Rule, the definitions in 15A 
NCAC 2D . 1 109 and the following definitions apply: 



1919 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



(1) "Equivalent emission limitation" means an 
emission limitation, established under Section 
112(i) of the federal Clean Air Act, which is at 
least as stringent as the MACT standard that 
EPA would have promulgated under Section 
112(d) or (h) of the federal Clean Air Act. 

(2) "Source category schedule for standards" means 
the schedule for promulgating MACT standards 
issued pursuant to Section 1 12(e) of the federal 
Clean Air Act. 

(c) Except as provided for in Paragraph £d) or £e) of this 
Rule, the owner or operator of a source required to apply 
MACT under 15A NCAC 2D .1109 shall submit an applica- 
tion for a permit or for a significant permit revision under 
this Section, whichever is applicable. 

(d) The owner or operator of an existing source required 
to apply MACT under 15A NCAC 2D .1109 that already 
has received a permit under this Section requiring compli- 
ance with a limit that would meet the requirements of 15A 
NCAC 2D .1109 shall submit an application for an adminis- 
trative permit amendment. 

(e) The owner or operator of a new source required to 
a pply MACT under 15A NCAC 2D .1109 that currently 
complies with a federally enforceable alternative emission 
limitation, or has received a permit under this Section that 
already contains emission limitations substantively meeting 
the requirements of 15A NCAC 2D .1109, shall submit an 
application for an administrative permit amendment confirm- 
ing compliance with the requirements of 15A NCAC 2D 
. 1 109 within 30 days after the date construction or recon- 
struction is commenced. 

(f) If the Director disapproves a permit application 
submitted under this Rule or determines that the a pplication 
is incomplete, the owner or operator shall revise and 
resubmit the application to meet the Director's objections 
not later than six months after first receiving notification 
that the a pplication has been disapproved or is incomplete. 

(g) If the owner or operator of a source subject to this 
Rule has submitted a timely and complete application for a 
permit, significant permit revision, or administrative 
amendment required by this Rule, any failure to have this 
permit will not be a violation of the requirements of this 
Rule unless the delay in final action is due to the failure of 
the applicant to submit, in a timely manner, information 
required or requested to process the application. 

(h) The permit shall contain: 

(1) an equivalent emission limitation (or limitations) 
to control the emissions of hazardous air pollut- 
ant for that category or subcategory determined 
on a case-by-case basis; 

(2) any emission limits, production limits, opera- 
tional limits or other terms and conditions 
necessary to ensure federal enforceability of the 
MACT emission limitation; 

(3) any notification, performance testing, monitor- 
ing, reporting, and recordkeeping requirements; 
and 



(4) a compliance date(s) by which the owner or 
operator of an existing source shall be in compli- 
ance with the MACT emission limitation not to 
exceed three years from the date of issuance of 
the permit (The owner or operator of a new 
source shall comply with a new source MACT 
level of control immediately upon issuance of a 
permit under this Section). 
£i) Early reductions made pursuant to Section 112(i)(5)(A) 
of the federal Clean Air Act shall be achieved not later than 
the date on which the relevant standard should have been 
promulgated according to the source category schedule for 
standards. 

(j) A permit application for a MACT determination shall 
demonstrate how the source will obtain the degree of 
emission reduction that would have been obtained had the 
relevant emission standard been promulgated according to 
the source category schedule for standards for the source 
category of which the source is a member and all the other 
pertinent information required under 40 CFR 63.53. 

Ik} The Director shall follow 40 CFR 63.55(b) in 
reviewing permit applications for MACT. 

(1) The following requirements apply to case-by-case 
determinations of equivalent emission limitations when a 
MACT standard is subsequently promulgated: 

(1) If EPA promulgates an emission standard that is 
applicable to one or more sources within a major 
facility before the date a proposed permit under 
this Rule is approved, the permit shall contain 
the promulgated standard rather than the emis- 
sion limitation determined under 15A NCAC 2D 
. 1 109, and the owner or operator of the source 
shall comply with the promulgated standard by 
the compliance date in the promulgated standard. 

(2) If EPA promulgates an emission standard that is 
applicable to a source after the date that a permit 
is issued under this Rule, the Director shall 
revise the permit on its next r enewal to reflect 
the promulgated standard. (Subparagraph (a)(1) 
of Rule .0517 of this Section does not apply to 
requirements established under this Rule.) The 
Director shall establish a compliance date in the 
revised permit that assures that the owner or 
operator shall comply with the promulgated 
standard within a reasonable time, but no longer 
than eight years after such standard is promul- 
gated or eight years after the date by which the 
owner or operator was first required to comply 
with the emission limitation established by 
permit, whichever is earlier. 

(3) Notwithstanding the requirements of Subpara- 
graphs (1) or (2) of this Paragraph, if EPA 
promulgates an emission standard that is applica- 
ble to a source after the date a proposed permit 
is approved, the Director need not change the 
emission limitation in the permit to reflect the 
promulgated standard if the level of control 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1920 



PROPOSED RULES 



required by the emission limitation in the permit 
is at least as stringent as that required by the 
promulgated standard. 



Statutory Authority G. S. 

143-215. 107(a)(10); 143-215. 108. 



143-215. 3(a)(1); 



CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0100 - INTRODUCTION AND 
GENERAL COMMENTS 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - NC Coastal Resources 
Commission intends to amend rule 15 A NCAC 7H .0106. 
New definition of the term "structure" as used in CRC rules. 
The term "structure " is used numerous times in the Coastal 
Resources Commission 's rules but is not defined in such a 
wax as to apply consistently throughout all Sections of 
Subchapter 7H. It is proposed to define buildings, roads, 
piers, mooring pilings, breaks-oxers, etc. as structures. The 
agency will subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of the public 
hearing and of any comments received on the subject matter. 

Proposed Effective Date: April 1, 1996. 

A Public Hearing will be conducted at 4:00 pm on January 
25, 1996 at the Sheraton Hotel, Salter Path Road, Atlantic 
Beach, NC. 



coastal area. The proposed amendments will set revised 
priorities for awarding local planning and management 
grants to local governments in the coastal area. The agency 
will subsequently publish in the Register the text of the 
rule(s) it proposes to adopt as a result of the public hearing 
and of any comments received on the subject matter. 

Proposed Effective Date: April 1, 1996. 

A Public Hearing will be conducted at 4:00 pm on January 
25, 1996 at the Sheraton Hotel, Salter Path Road, Atlantic 
Beach, NC. 

Reason for Proposed Action: The Governor's Coastal 
Futures Committee (CFC) and Coastal Resources Commis- 
sion (CRC) have both recommended amending the funding 
priorities to reflect current local government planning and 
management objectives. The rides have not been updated in 
several years. 

Comment Procedures: All persons interested in this matter 
are invited to attend the public hearing. The Coastal 
Resources Commission will receive mailed written comments 
postmarked no later than January 25, 1996. Any person 
desiring to present lengthy comments is requested to submit 
a written statement for inclusion in the record of proceedings 
at the public hearing. Additional information concerning the 
hearing or the proposals may be obtained by contacting Kris 
M. Horton, Division of Coastal Management, PO Box 
27687, Raleigh, NC 2761 1-7687, (919) 733-2293. 

SUBCHAPTER 7M - GENERAL POLICY 
GUIDELINES FOR THE COASTAL AREA 



Reason for Proposed Action: Need for consistent use and 
understanding of the term in the CRC's rules. 

Comment Procedures: All persons interested in this matter 
are invited to attend the public hearing. The Coastal 
Resources Commission will receive mailed written comments 
postmarked no later than January 25, 1996. Any person 
desiring to present lengthy comments is requested to submit 
a written statement for inclusion in the record of proceedings 
at the public hearing. Additional information concerning the 
hearing or the proposals may be obtained by contacting Kris 
M. Horton, Division of Coastal Management, PO Box 
27687, Raleigh, NC 27611-7687, (919) 733-2293. 

SUBCHAPTER 7L - LOCAL PLANNING 
AND MANAGEMENT GRANTS 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - NC Coastal Resources 
Commission intends to amend rules in 15A NCAC 7L. The 
purpose of these rules is to establish the criteria and 
procedures for the Department's program of grants for local 
land use planning and management within North Carolina 's 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - NC Coastal Resources 
Commission intends to adopt rules in 15 A NCAC 7M .0300. 
The proposed rule revises the general policy guidelines for 
shorefront access in the coastal area. The purpose of these 
rules is to express general policy guidelines for shorefront 
access in the coastal area as well as the criteria and 
procedures for local government participation in the Public 
Beach and Coastal Waterfront Access Program. The 
agency will subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of the public 
hearing and of any comments received on the subject matter. 

Proposed Effective Date: April 1, 1996. 

A Public Hearing will be conducted at 4:00 pm on January 
25, 1996 at the Sheraton Hotel, Salter Path Road, Atlantic 
Beach, NC. 

Reason for Proposed Action: To amend the Coastal 
Resources Commission 's shorefront access guidelines to 
reflect recent trends in the demand for shorefront access as 
well as changes in the enabling legislation (NCGS 113A- 



1921 



NORTH CAROLINA REGISTER 



November 15, 1995 10:16B 



PROPOSED RULES 



134.1 et. seq.) enacted by the 1995 Session of the General 
Assembly. 

Comment Procedures: All persons interested in this matter 
are invited to attend the public hearing. The Coastal 
Resources Commission will receive mailed written comments 
postmarked no later than January 25, 1996. Any person 
desiring to present lengthy comments is requested to submit 
a written statement for inclusion in the record of proceedings 
at the public hearing. Additional information concerning the 
hearing or the proposals may be obtained by contacting Kris 
M. Horton, Division of Coastal Management, PO Box 
27687, Raleigh, NC 27611-7687, (919) 733-2293. 

SECTION .0400 - COASTAL ENERGY 
POLICIES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - NC Coastal Resources 
Commission intends to adopt/amend rules in 15 A NCAC 7M 
. 0400. Amendments to Coastal Energy Policies. This is an 
amendment to coastal energy policies to clarify siting 
criteria for energy facilities located in the coastal zone. The 
amendment adds drillships, drilling platforms and on-shore 
support structures to the definition of energy facilities. The 
agency will subsequently publish in the Register the text of 
the rule(s) it proposes to adopt as a result of the public 
hearing and of any comments received on the subject matter. 

Proposed Effective Date: February 1, 1997. 

A Public Hearing will be conducted at 4:00 p.m. on 
September 26, 1996 at the Coast Line Convention Center, 
501 Nutt Street, Wilmington, NC. 

Reason for Proposed Action: The state needs to clarify 
existing policy statements pertaining to energy production in 
the coastal region, especially for exploration and production 
on the Outer Continental Shelf. The proposed amendments 
will clarify for applicants the criteria necessary for siting 
energy facilities. These are the policies and the criteria the 
state will use to review proposed facilities and activities for 
consistency with the state's coastal management program. 

Comment Procedures: All persons interested in this matter 
are invited to attend the public hearing. The Coastal 
Resources Commission will receive mailed written comments 
postmarked no later than October 26, 1996. Any person 
desiring to present lengthy comments is requested to submit 
a written statement for inclusion in the record of proceedings 
at the public hearing. Additional information concerning the 
hearing or the proposals may be obtained by contacting Kris 
M. Horton, Division of Coastal Management, P.O. Box 
27687, Raleigh, NC 27611-7687, (919) 733-2293. 

****************** 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - NC Wildlife Resources 
Commission intends to amend rule cited as 15 A NCAC 10B 
.0115. 

Proposed Effective Date: July 1, 1996. 

A Public Hearing will be conducted at 10:00 a.m. on 
December 18, 1995 at the Archdale Building, Room 332, 
512 N. Salisbury Street, Raleigh, NC 27604. 

Reason for Proposed Action: Rule has been replaced by 
Chapter 13, 1989 Session Laws. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from November 15, 1995 - January 2, 1996. 
Such written comments must be delivered or mailed to the 
NC Wildlife Resources Commission, 512 N. Salisbury Street, 
Raleigh, NC 27604-1188. 

Fiscal Note: This Rule does not affect the expenditures or 
rexenues of state or local government funds. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 10B - HUNTING AND TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0115 SHINING LIGHTS IN DEER AREAS 

(a) It having been found upon sufficient evidence that 
certain areas frequented by deer are subject to substantial 
unlawful night deer hunting, or that residents in such areas 
have been greatly inconvenienced by persons shining lights 
on deer, or both, the shining of lights on deer in such areas 
is limited by Paragraphs (b) and (c) of this Rule, subject to 
the exceptions contained in Paragraph (d) of this Rule. 

(b) No person shall, between the hours of 1 1:00 p.m. and 
one-half hour before sunrise, intentionally shine a light upon 
a deer or intentionally sweep a light in search of deer in the 
indicated portions of the following counties: 

(1) Beaufort — entire county; 

(2) Bladen — entire county; 

(3) Brunswick — entire county; 

(4) Camden — entire county; 

(5) Chowan — entire county; 

(6) Currituck — entire county; 

(7) Duplin — entire county; 

(8) Franklin — entire county; 

(9) Gates — entire county; 

(10) Greene -- entire county; 

(11) Hertford — entire county; 

(12) Hoke — entire county; 

(13) Hyde — entire county; 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1922 



PROPOSED RULES 



(14) Jones — entire county; 

(15) Lenoir — entire county; 

(16) Martin — entire county; 

(17) Nash — entire county; 

(18) Pamlico — entire county; 

(19) Pasquotank — entire county; 

(20) Pender — entire county; 

(21) Perquimans — entire county; 

(22) Pitt -- entire county; 

(33) Richmond entir e county; 

(23) (34) Sampson — entire county; 

(24) (35) Tyrrell -- entire county; 

(25) (36) Vance — entire county; 

(26) (37-) Wake -- entire county; 
[27j (38) Warren - entire county; 

(28) (39) Washington -- entire county; 

(29) (30) Wayne — entire county. 

(c) No person shall, between the hours of one-half hour 
after sunset and one-half hour before sunrise, intentionally 
shine a light upon a deer or intentionally sweep a light in 
search of deer in the indicated portions of the following 
counties: 

(1) Alamance — entire county; 

(2) Alexander — entire county; 

(3) Alleghany — entire county; 

(4) Anson — entire county; 

(5) Ashe — entire county; 

(6) Avery -- that portion south and east of Highway 
221; 

(7) Buncombe County — entire county; 

(8) Burke — entire county; 

(9) Cabarrus — entire county; 

(10) Caswell — entire county; 

(11) Catawba — entire county; 

(12) Chatham — entire county; 

(13) Clay — entire county; 

(14) Cleveland — entire county; 

(15) Cumberland — entire county; 

(16) Davidson — entire county; 

(17) Davie -- entire county; 

(18) Durham — entire county; 

(19) Edgecombe — entire county; 

(20) Forsyth County — entire county; 

(21) Gaston — entire county; 

(22) Granville — entire county; 

(23) Guilford — entire county; 



(24) Halifax — entire county; 

(25) Harnett — entire county; 

(26) Henderson — entire county; 

(27) Iredell — entire county; 

(28) Johnston — entire county; 

(29) Lee — entire county; 

(30) Lincoln — entire county; 

(31) Macon — entire county; 

(32) McDowell — entire county; 

(33) Mecklenburg — entire county; 

(34) Mitchell — entire county; 

(35) Montgomery — entire county; 

(36) Northampton — entire county; 

(37) Orange County — entire county; 

(38) Person — entire county; 

(39) Polk — entire county; 

(40) Randolph — entire county; 

(41) Robeson County — entire county; 

(42) Rockingham — entire county; 

(43) Rowan — entire county; 

(44) Rutherford — entire county; 

(45) Stanly — entire county; 

(46) Stokes — entire county; 

(47) Surry — entire county; 

(48) Swain — entire county; 

(49) Transylvania — entire county; 

(50) Union — entire county; 

(51) Watauga — entire county; 

(52) Yancey — entire county. 

(d) Paragraphs (b) and (c) of this Rule shall not be 
construed to prevent: 

( 1 ) the lawful hunting of raccoon or opossum during 
open season with artificial lights designed or 
commonly used in taking raccoon and opossum 
at night; 

(2) the necessary shining of lights by landholders on 
their own lands; 

(3) the shining of lights necessary to normal travel 
by motor vehicles on roads or highways; or 

(4) the use of lights by campers and others who are 
legitimately in such areas for other reasons and 
who are not attempting to attract or to immobi- 
lize deer by the use of lights. 

Statutory Authority G.S. 113-134; 113-291.1; S.L. 1981, c. 
410; S.L. 1981 (Second Session 1982), c. 1180. 



*********** 



****** 



N 



otice is hereby given in accordance with G.S. 150B-21.2 that the NC Wildlife Resources Commission intends to amend 
rides cited as 15A NCAC 10B .0116, .0201 - .0203, .0208 - .0209, .0214, .0220, .0302 - .0303; 10C .0205, .0301 
0302, .0305, .0401, .0404, .0407; 10D .0002 - .0004; and adopt 15A NCAC 10B .0220. 



Proposed Effective Date: July 1, 1996. 

A Public Hearings will be conducted at 7:00 pm on the following dates and locations: 



1923 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



District 


Date 


Location 




City 


1 


February 5, 1996 


Swain Auditorium 




Edenton 


2 


February 6, 1996 


Courthouse 




New Bern 


3 


February 7, 1996 


Courthouse 




Nashville 


4 


January 29, 1996 


Courthouse 




Elizabethtown 


5 


January 30, 1996 


Courthouse 




Graham 


6 


January 31, 1996 


North Stanly High 


School 


Albemarle 


7 


January 24, 1996 


Starmount High School 


Booneville 


8 


January 22, 1996 


Morganton Civic Center Auditorium 


Morganton 


9 


January 23, 1996 


Courthouse 




Sylva 



15 A NCAC 10B .0203 
15 A NCAC 10B .0208 
15 A NCAC JOB .0209 
15 A NCAC 10B .0214 
ISA NCAC 10B .0220 
15A NCAC 10B .0302 
15 A NCAC 10B .0303 



Reason for Proposed Action: 

15 A NCAC 10B .0116 - to regulate/restrict use of archery equipment in hunting. 

15A NCAC 10B .0201 - to regulate/restrict the taking of game and non-game animals. 

15 A NCAC 10B .0202 - to regulate I restrict taking of bear. 

to regulate/restrict the taking of white-tailed deer. 

to regulate /restrict taking of quail. 

to regulate/restrict taking of wild turkey (bearded turkeys only). 

to regulate/restrict the taking of wildcat (bobcat). 

to regulate/restrict hunting of various species. 

to regulate/restrict the open seasons for taking furbearing animals, coyotes, and groundhogs. 

to set bag limits for various fur bearing animals, groundhogs and coyotes. 
15 A NCAC IOC .0205 - to restrict/regulate the taking of trout in public mountain trout waters. 
15 A NCAC IOC .0301 - to classify and designate american shad and hickory shad as inland game fishes. 
15 A NCAC IOC .0302 - to regulate/restrict taking of inland games fishes in certain waters of the roanoke river. 
15A NCAC IOC .0305 - to set creel and size limits for game and non-game inland fishes. 

15A NCAC IOC . 0401 - to add lakes to the list of Community Fishing Program lakes with established size and creel limits 
for catfishes. 

15A NCAC IOC .0404 - editorial changes to clarify and simplify rule requiring that all fixed and drift gill nets be attended 
in certain counties and establish restrictions for using eel pots in inland fishing waters. 
15 A NCAC IOC .0407 - editorial changes to conform with prior substantive changes. 
15 A NCAC WD .0002, .0003 - to regulate /restrict the activities on game lands. 

15 A NCAC 10D .0004 - to delete requirement that one must possess a game lands license to fish designnated public mountain 
trout waters on game lands and prohibit fishing in newly stocked game lands ponds when posted against fishing. 



Comment Procedures: Interested persons may present their views either orally or in writing at the hearings. In addition, 
the record of hearing will be open for receipt of written comments from November 15, 1995 through February 7, 1996. Such 
written comments must be delivered or mailed to the NC Wildlife Resources Commission, 512 N. Salisbury Street, Raleigh, 
NC 27604-1 188. 

Fiscal Note: TTiese Rules do not affect the expenditures or revenues of state or local government funds. 

SUBCHAPTER 10B - HUNTING AND TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0116 PERMITTED ARCHERY EQUIPMENT 

(a) Only longbows, recurved bows, and compound bows having a minimum pull of 45 pounds may be used for taking 
game. It is unlawful to use a crossbow or any other type of bow equipped with any device by which the bow can be set at 
full or partial pull and released by a trigger or any similar mechanism without a disabled sportsman's crossbow hunting 
permit issued by the Executive Director . 

(b) Only arrows with a fixed minimum broadhead width of seven-eighths of an inch or a mechanically opening broadhead 
with a width of at least seven-eights inch in the open position and that do not mochanically opon upon impact may be used 
for taking bear, deer, wild boar or wild turkey. Blunt-type arrow heads may be used in taking small animals and birds 
including, but not limited to, rabbits, squirrels, quail, grouse and pheasants. Poisonous, drugged, barbed, or explosive 
arrowheads may not be used for taking any game. 

(c) Crossbows used under a disabled sportsman's crossbow permit must have a minimum pull rated at least 150 pounds. 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1924 



PROPOSED RULES 



Heads on bolts used with crossbows used must conform to those described for arrows in Paragraph £b) of this Rule. 
Statutory Authority G.S. 113-134; 113-291. 1(a); 113-297(b). 

SECTION .0200 - HUNTING 

.0201 PROHIBITED TAKING AND MANNER OF TAKE 

(a) It is unlawful for any person to take, or have in possession, any wild animal or wild bird listed in this Section except 
during the open seasons and in accordance with the limits herein prescribed, or as prescribed by 15A NCAC 10B .0300 
pertaining to trapping or 15A NCAC 10D applicable to game lands managed by the Wildlife Resources Commission, unless 
otherwise specifically permitted by law. Lawful seasons and bag limits for each species apply beginning with the first day 
of the listed season and continue through the last day of the listed season, with all dates being included except Sundays. On 
military installations under the exclusive jurisdiction of the federal government the open seasons include Sundays. When 
any hunting season ends on a January 1 that falls on a Sunday, that season is extended to Monday, January 2. 

(b) Those animals not classified as game animals in G.S. 1 13-129(7c), and for which a season is set under this Section, 
ma\ be taken during the hours and methods authorized for taking game animals. 

Note: Where local laws govern hunting, or are in conflict with these regulations, the local law shall prevail. 

Statutory Authority G.S. 103-2; 113-134; 113-291.2; 113-291.3; 113-291. 1(a). 

.0202 BEAR 

(a) Open Seasons shall be from the: 

( 1 ) Monday on or nearest October 15 to the Saturday before Thanksgiving and the third Monday after Thanksgiving 
to January 1 in and west of the boundary formed by NC 16 from the Virginia State line to Wilkesboro and NC 
18 from Wilkesboro to the South Carolina State line. 

(2) Second Monday in November to the following Saturday and the third Monday after Thanksgiving to the following 
Wednesday in all of Beaufort, Camden, Dare, Gates, Hyde, Pamlico, Pasquotank, Tyrrell, and Washington 
counties; and in the following parts of counties: 

Bertie: that part southeast of US 17. 

Chowan: that part north of a line formed by SR 1002, SR 1222 and SR 1221. 

Craven: except Game Lands. 

Currituck: except Knotts Island and the Outer Banks. 

Hertford: that part east of NC 45. 

Martin: that part east of US 17. 

Jones: except Game Lands. 

(3) Second Monday in November to January 1 in all of Bladen. Cart e r e t, Duplin, New Hanover, Onslow and Pender 
counties; and in the following parts of counties: 

Carteret: except Game Lands. 

Cumberland: that part south of NC 24 and east of the Cape Fear River. 

Sampson: that part south of NC 24. 

(4) Second Monday in December to January 1 in Brunswick and Columbus counties. 

(b) No Open Season. There is no open season in any area not included in Paragraph (a) of this Rule or in those parts of 
counties included in the following posted bear sanctuaries: 

Avery, Burke and Caldwell counties— Daniel Boone bear sanctuary 

Beaufort, Bertie and Washington counties— Bachelor Bay bear sanctuary 

Beaufort and Pamlico counties— Gum Swamp bear sanctuary 

Bladen County— Suggs Mill Pond bear sanctuary 

Brunswick County— Green Swamp bear sanctuary 

Buncombe, Haywood, Henderson and Transylvania counties— Pisgah bear sanctuary 

Carteret, Craven and Jones counties— Croatan bear sanctuary 

Clay County— Fires Creek bear sanctuary 

Currituck County— North River bear sanctuary 

Dare County— Bombing Range bear sanctuary 

Haywood County— Harmon Den bear sanctuary 

Haywood County— Sherwood bear sanctuary 

Hyde County— Gull Rock bear sanctuary 

Hyde County— Pungo River bear sanctuary 



1925 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



> 



Jackson County—Panthertown-Bonas Defeat bear sanctuary 
Jones and Onslow counties—Hofmann bear sanctuary 
Macon County— Standing Indian bear sanctuary 
Macon County—Wayah bear sanctuary 
Madison County—Rich Mountain bear sanctuary 
McDowell and Yancey counties— Mt. Mitchell bear sanctuary 
Mitchell and Yancey counties— Flat Top bear sanctuary 
Wilkes County— Thurmond Chatham bear sanctuary 

(c) Bag limits shall be: 

(1) daily, one; 

(2) possession, one; 

(3) season, one. 

(d) Kill Reports. The carcass of each bear shall be tagged and the kill reported as provided by 15A NCAC 10B .01 13. 



Statutory Authority G.S. 113-134; 113-291.2; 113-291.7; 113-305. 

.0203 DEER (WHITE-TAILED) 

(a) Closed Season. All counties and parts of counties not listed under the open seasons in Paragraph (b) in this Rule are 
closed to deer hunting. 

(b) Open Seasons (All Lawful Weapons) 

(1) Male Deer With Visible Antlers. Male deer with antlers or spikes protruding through the skin, as distinguished 
from knobs or buttons covered by skin or velvet, may be taken during the following seasons: 
(A) Monday on or nearest October 15 to January 1 in the following counties and parts of counties: 



Beaufort 


Edgecombe 


Nash 


Scotland** 


Bertie 


Franklin 


New Hanover 


Tyrrell 


Bladen 


Gates 


Northampton 


Vance 


Brunswick 


Greene 


Onslow 


Wake 


Camden 


Halifax 


Pamlico 


Warren 


Carteret 


Hertford 


Pasquotank 


Washington 


Chowan 


Hoke 


Pender 


Wayne 


Columbus* 


Hyde 


Perquimans 


Wilson 


Craven 


Johnston 


Pitt 




Currituck 


Jones 


Richmond** 




Dare 


Lenoir 


Robeson 




Duplin 


Martin 


Sampson 





Cumberland: That part south of NC 24 or east of 1-95. 
Harnett: That part west of NC 87. 

Moore**: All of the county except that part north of NC 21 1 and west of US 1. 
♦Unlawful to hunt or kill deer in Lake Waccamaw or within 50 yards of its shoreline. 
**See 15A NCAC 10D .0003(e)(2) for seasons on Sandhills Game Land. 
(B) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following counties and parts 
of counties: 



Alexander 


Davie 


Alleghany 


Forsyth 


Ashe 


Gaston 


Catawba 


Iredell 



Lincoln 


Wilkes 


Stokes 


Yadkin 


Surry 




Watauga 





(C) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following counties and parts 
of counties: 



> 



Avery 


Clay 


Jackson 


Polk 


Buncombe 


Cleveland 


Macon 


Rutherford 


Burke 


Graham 


Madison 


Swain 


Caldwell 


Haywood 


McDowell 


Transylvania 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1926 



PROPOSED RULES 



Cherokee Henderson Mitchell Yancey 

(D) Monday before Thanksgiving week to January 1 in the following counties and parts of counties: 



Alamance 


Davidson 


Anson 


Durham 


Cabarrus 


Granville 


Caswell 


Guilford 


Chatham 


Lee 



Mecklenburg 


Rockingham 


Montgomery 


Rowan 


Orange 


Stanly 


Person 


Union 



Cumberland: That part north of NC 24 and west of 1-95. 
Harnett: That part east of NC 87. 
Moore: That part north of NC 211 and west of US 1. 
(E) Monday on or nearest September 10 to January I in those parts of Camden, Gates and Pasquotank counties 
known as the Dismal Swamp National Wildlife Refuge, and in that part of Currituck County known as the 
Mackay Island National Wildlife Refuge. 
(2) Deer of Either Sex. Deer of either sex may be taken during the open seasons and in the counties and portions 
of counties listed in this Subparagraph: 

(A) The open either-sex deer hunting dates established by the U.S. Fish and Wildlife Service during the period from 
the Monday on or nearest September 10 to January I in those parts of Camden. Gates and Pasquotank counties 
known as the Dismal Swamp National Wildlife Refuge and in that part of Currituck County known as the 
Mackay Island National Wildlife Refuge and from the first Saturday in October to January 1 in those parts of 
Hyde, Tyrrell and Washington counties known as the Pocosin Lakes National Wildlife Refuge Refuge, in thos e 
parta of Camdon, Gates and Pasquotank counties known as tho Dismal Swamp National Wildlife Rofugo, and 
in that part of Currituck County known ao tho Mackay Island National Wildlife Rofugo and those parts of Anson 
and Richmond counties known as Pee Dee National Wildlife Refuge. 

(B) The open either-sex deer hunting dates established by the appropriate military commands during the period from 
Monday on or nearest October 15 to January 1 in that part of Brunswick County known as the Sunny Point 
Military Ocean Terminal, in that part of Craven County known and marked as Cherry Point Marine Base, in 
that part of Onslow County known and marked as the Camp Lejeune Marine Base, on Fort Bragg Military 
Reservation, and on Camp Mackall Military Reservation. 

(C) Second Saturday in October for youth either sex deer hunting by permit only on a designated portion of Belews 
Creek Steam Station in Stokes County. 

(D) The second Saturday in December in all of Buncombe, Catawba, Gaston, Haywood, Henderson, Linooln, 
Madison, Mitchell, Transylvania, and Yancey counties and the following parts of counties: 

Avery: That part south of the Blue Ridge Parkway. 

(E) Wednesday to Saturday of the week following Thanksgiving in all of Harnett, Hoke, Mecklenburg, Tyrrell, and 
Union Union, and Wilson counties and in the following parts of counties: 

Cabarrus: — That part wost of US 52 and e ast of I 85. 

Cumberland: That part west of 1-95. 

Dare: except the Outer Banks north of Whalebone. 

Richmond: That part east of a line formed by US 220 from the Montgomery County line to Rockingham and 

US 1 from Rockingham to the South Carolina line, except on game lands. 

Rowan: — That part wost of US 52. 

Scotland: That part north of US 74 except game lands. 

Wayn e : — That part north of US 70. 

(F) Wednesday of the week following Thanksgiving to Saturday of next succeeding week in all of Alamance, 
Cabarrus, Caswell, Camden, Greene, Guilford, Lee, Pasquotank, Person, Rockingham, Rowan, Stanly, and 
Washington Washington, and Wilson counties and in the following parts of counties: 

Cabarrus: — That part e ast of US 52. 

Carteret: All of the county except game lands. 

Chowan: That part north of US 17 and west of NC 32. 

Columbus: That part west of US 74, SR 1005, and SR 1125. 

Cumberland: That part east of 1-95. 

Currituck: All of the county except the Outer Banks. 

Davidson: Except on game lands southeast of NC 49. 

Durham: All of the county except on game lands. 



1927 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



> 



> 



Johnston: That part north of US 70 or west of 1-95. 

Moore: All of the county except Sandhills Game Land. 

Nash: That part south of US 64. 

Orange: All of the county except on game lands. 

Randolph: All of the county except on game lands. 

Richmond: That part east of Little River and west of a line formed by US 220 from the Montgomery County 

line to Rockingham and US 1 from Rockingham to the South Carolina line. 

Robeson: That part east of 1-95. 

Rowan: — That part oaat of US 52. 

Wake: All of the county except on game lands. 

Wayne: That part south north of US 70. 
(G) Monday of Thanksgiving week to the third Saturday after Thanksgiving Day in that part of Buncombe County 

east of NC 191, south of the French Broad and Swannanoa Rivers, west of US 25, and north of SR 3503, NC 

280 and SR 3501. 
(H) Wednesday of the week following Thanksgiving to January 1 in all of Brunswick, Edgecombe, Franklin, Gates, 

Hertford, Lenoir, Northampton, Perquimans, Pitt, Sampson, Vance, and Warren counties, and in the following 

parts of counties: 

Anson: All of the county except game lands. 

Beaufort: All of the county except game lands. 

Bertie: All of the county except Bachelor Bay Game Land. Roanoke River Wetlands and Roanoke River 

National Wildlife Refuge. 

Bladen: All of the county except game lands. 

Chatham: All of the county except game lands. 

Chowan: That part south of US 17 or east of NC 32. 

Columbus: That part east of a line formed by US 74, SR 1005, and SR 1125. 

Craven: All of the county except game lands. 

Dare: That part of the Outer Banks north of Whalebone. 

Duplin: All of the county except game lands. 

Granville: All of the county except game lands. 

Halifax: All of the county except Roanoke River Wetlands. 

Hyde: All of the county except game lands. 

Johnston: That part south of US 70 and east of 1-95. 

Jones: All of the county except game lands. 

Martin: All of the county except Roanoke River Wetlands. 

Montgomery: All of the county except game lands. 

Nash: That part north of US 64. 

New Hanover: That part north of US 74, except game lands. 

Onslow: All of the county except game lands. 

Pamlico: All of the county except game lands. 

Pender: All of the county except game lands. 

Richmond: That part west of Little River. 

Wayne: That part south of US 70. 
(I) The second Wednesday after Thanksgiving to the third Saturday after Thanksgiving in all of Alexander, 

Alleghany, Ashe, Cleveland, Davie, Forsyth, Iredell, Rutherford, Stokes, Surry, Wilkes and Yadkin counties. 
(J) The third Friday after Thanksgiving to the third Saturday after Thanksgiving in all of Burke, Caldwell, 

Catawba. Gaston. Lincoln. McDowell, Polk, and Watauga counties. 
(K) In those counties or parts of counties listed in Paragraph (b) (2) (H), except on game lands, two antlerless deer 

may be taken during that part of the regular gun season in which no other either sex season is open and must 

be tagged with the Antlerless deer tag or the Bonus Antlerless deer tag. 
(L) In those counties or parts of counties listed in Part (b)(2)(F), except on game lands, one antlerless deer may 

be taken during that part of the regular gun season in which no other either-sex season is open and must be 

tagged with the Antlerless deer tag. 
(M) In Alexander, Alleghany, Ashe, Davie, Forsyth, Iredell, Stokes, Surry, Wilkes, and Yadkin counties except 

on Game Lands, one antlerless deer may be taken during that part of the regular gun season and that part of 

the muzzle-loading season in which no other either-sex season is open and must be tagged with the Antlerless 

deer tag. 
(3) Game Lands Either-Sex Hunts. On the hunt dates indicated, deer of either sex may be taken by permittees 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1928 



PROPOSED RULES 



engaged in managed hunts conducted on game lands in accordance with 15A NCAC 10D .0003(e)(4) and (5). 

(c) Open Seasons (Bow and Arrow) 

(1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph and the bag limits set out 
in Paragraph (e) of this Rule, deer of either sex may be taken with bow and arrow during the following seasons: 

(A) Monday on or nearest September 10 to the fourth Saturday thereafter in the counties and parts of counties 
having the open season for male deer specified by Part (A) of Subparagraph (b)(1) of this Rule, except on the 
Sandhills Game Land and the area known as the Outer Banks in Currituck County. 

(B) Monday on or nearest September 10 to the second Saturday before Thanksgiving in the counties and parts of 
counties having the open seasons for male deer specified by Part (B) of Subparagraph (b)(1) of this Rule. 

(C) Monday on or nearest September 10 to the fourth Saturday thereafter, and Monday on or nearest October 15 
to the Saturday before Thanksgiving in the counties and parts of counties having the open seasons for male deer 
specified by Part (C) of Subparagraph (b)(1) of this Rule. 

(D) Monday on or nearest September 10 to the third Saturday before Thanksgiving in the counties and parts of 
counties having the open season for male deer specified by Part (D) of Subparagraph (b)(1) of this Rule, and 
on Sandhills Game Land. 

(2) Restrictions 

(A) Dogs may not be used for hunting deer during the bow and arrow season. 

(B) It is unlawful to carry any type of firearm while hunting with a bow during the bow and arrow deer hunting 
season. 

(C) Only bows and arrows of the types authorized in 15A NCAC 10B .0116 for taking deer may be used during 
the bow and arrow deer hunting season. 

(d) Open Seasons (Muzzle-Loading Rifles and Shotguns) 

(1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph, deer may be taken only 
with muzzle-loading firearms (except that bow and arrow may be used on designated and posted game land 
Archery Zones) during the following seasons: 

(A) Monday on or nearest October 8 to the following Saturday in the counties and parts of counties having the open 
seasons for male deer specified by Items (A) and (C) of Subparagraph (h)(1) of this Rule, except on Sandhills 
Game Land and the area known as the Outer Banks in Currituck County. 

(B) Monday to Saturday of the week preceding Thanksgiving week in the counties and parts of counties having the 
open seasons for male deer specified by Item (B) of Subparagraph (h)(1) of this Rule. 

(C) Monday to Saturday of the second week before Thanksgiving week in the counties and parts of counties having 
the open season for male deer specified by Part (D) of Subparagraph (h)(1) of this Rule, and on Sandhills Game 
Land. 

(2) Restrictions 

(A) Deer of either sex may be taken during muzzle-loading firearms season in those counties or parts of counties 
listed in Parts (A) and (D) of Subparagraph (h) (1) of this Rule and deer of either sex may be taken on the last 
day of muzzle-loading firearms season in those counties or parts of counties listed in Part (B) and (C) of 
Subparagraph (b) (1) of this Rule. 

(B) Dogs may not be used for hunting deer during the muzzle-loading firearms seasons. 

(C) Pistols may not be carried while hunting deer during the muzzle-loading firearms seasons. 

(e) Bag Limits: Daily, two; possession, five, one of which must be antlerless; season, five, one of which must be 
antlerless. In those areas listed in Part (b)(2XJ)£H) of this R-u4e Rule, except on Game Lands, one additional antlerless deer 
may be taken provided it is tagged with the Bonus Antlerless deer tag. Antlerless deer include males with knobs or buttons 
covered by skin or velvet as distinguished from spikes protruding through the skin. The anterless bag limits described in 
this Rule do not apply to anterless deer harvested in areas covered in the Deer Management Assistance Program as described 
in G.S. 113-291. 2(e). Individual daily antlerless bag limits on these areas are determined by the number of special tags, 
issued by the Division of Wildlife Management as authorized by the Executive Director, that are in the possession of the 
hunter. Season anterless bag limits are set by the number of tags available. All antlerless deer harvested on these areas, 
regardless of the date of harvest, must be tagged with these special tags but do not have to be tagged with Big Game Tags 
provided with the hunting license. 

(f) Kill Reports. The carcass of each deer shall be tagged and the kill reported as provided by 15A NCAC 10B .0113. 

Statutory Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.1; 113-291.2. 



.0208 QUAIL 

(a) Open Season: Saturday next preceding Thanksgiving to the last day of February. 
(h) Bag Limits: Daily, 8 40; possession, .16 20; season, no limit. 



1929 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



Statutory Authority G.S. 113-134; 113-291.2. 

.0209 WILD TURKEY (BEARDED TURKEYS ONLY) 

(a) Open Season shall be from the: 

Second Saturday in April to Saturday of the fourth week thereafter on bearded turkeys in the following counties: 

Alleghany, Ashe, Buncombe, Caswell, Cherokee, Clay, Gates, Graham, Haywood, Henderson, Hertford, 

Jackson, Macon, Madison, McDowell, Mitchell, Montgomery, Onslow, Orange, Person, Polk, **Richmond, 

Rockingham, Rutherford, **Scotland, Stokes, Surry, Swain, Transylvania, Watauga, Wilkes, and in the following 

portions of counties: 

Alamance: All of the county except that part south of 1-85 and west of NC 87. 

Avery: That part west of US-19E, 

Anson: That part east of US 52 and north of US 74 and that part east of NC 145 and south of US 74. 
** Bertie: That part west of a line formed by NC 45 from the Hertford County line to Colerain, NC 42 to 

Powellsville, US 13 to US 17 South, US 17 South to SR 1500, SR 1500 to NC 308, and NC 308 to the 

Washington County line. 
** Bladen: That part south of US 701 and east of NC 87 or SR 1730. 

Brunswick: That part north of US 74-76 or east of NC 133. 

Burke: That part north of 1-40 and west of NC 18 and NC 181. 

Carteret: That part west of US 70 and north of NC 24. 

Chatham: That part north of US 64 and west of SR 1008. 

Chowan: That part south of US- 17. 

Cleveland: That part west of NC 18. 

Columbus: That part north of NC 87. 

Craven: That part east of US 17, south of the Neuse River and west of Clubfoot Creek and the Harlowe Canal; 

and that part north of the Neuse River, south of a line formed by US 17 and US 17 Business, and east of a line 

formed by SR 1440 and SR 1441. 

Durham: That part west of US 501. 

Granville: All of the county except that part west of a line formed by SR 1126 from the county line to the 

intersection of SR 1004 then west on SR 1004 to the intersection of SR 1 1 12 then east on SR 1 1 12 to NC 56 then 

east on NC 56 to 1-85 then south on 1-85 to the county line. 
** Halifax: Starting at the Northampton County Line, that part east and north of a line formed by 1-95, NC 903 

and US 301. 

Hoke: That part south and west of NC 211. 

Hyde: Starting at the Tyrrell County line, that part west of a line formed by NC 94, US 264 West, SR 1 124 to 

Judges Quarter then Quarter Canal to Juniper Bay. 

Johnston: That part south of US 70 and 1-95 and east of US 701. 

Jones: Starting at the Craven County line, that part south of a line formed by US-17. SR 1002. and SR 1306. 

That part e aot of US 17 and north of SR 1001; and starting at th e Onslow County lin e , that part south of a lin e 

formed by US 17, NC 5 8 , and SR 1105. 
** Martin: That part north of a boundary formed by US 64 from the Washington County line to Williamston, north 

of NC 125 from Williamston to the junction with NC 142, and north of NC 142 to the Edgecombe County line. 

MoDow e ll: — That part north of US 70 and that part south of I 10. 

Mitchell: — That part north and west of a boundary formed by NC 197, NC 226, and NC 261 . 

Montgomery: — All of the county oxcopt that part north of NC 2 4 /27 and oast of NC 13 4 . 
** Moore: That part south of NC 211. 

New Hanover: Starting at the Brunswick County line, that part north and west of a line formed by NC-133 and 

SR 1002. That part west of NC 133. 

Northampton: That part south of a boundary formed by US 158 from the Halifax County line to Jackson, NC 

305 from Jackson to Rich Square, US 258 from Rich Square to NC 308, and NC 308 to the Bertie County line 

and that part south of NC 186, east of SR 1341, and north of SR 1333 and SR 1351. 
** Pender: Starting at the Sampson County line, that part south and west of a line formed by US 421 , NC 210, and 

US-17 South NC 133 ; and starting at the Onslow county line, that part south of NC 53, east of the Northeast 

Cape Fear River, and north of the northern boundary of Holly Shelter Game Land and US 17. 

Perquimans: Starting at the Pasquotank County line, that part south of a line formed by US-17. US-17 Business. 

and SR 1110. 
** Richmond: — All of tho county oxcopt that part south of US 7 4 and oast of US 1 . 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1930 



PROPOSED RULES 



Union: That part south of NC 74 and west of NC 207. 
Wayne: That part south of US-70 and east of US-117. 

Yancey: All of the county except that part north of US 19E and east of NC 197. 
** The Sandhills Game Land in Richmond, Scotland, and Moore Counties, the Bladen Lakes State Forest Game 

Lands in Bladen County, the Northeast Cape Fear Wetlands Game Lands in Pender County, and the Roanoke 
River Wetlands in Bertie, Halifax, and Martin Counties are closed to turkey hunting except by holders of special 
permits authorizing turkey hunting as provided in G.S. 113-264(d). 

(b) Bag Limits shall be: 

(1) daily, one; 

(2) possession, two; 

(3) season, two. 

(c) Dogs Prohibited. It is unlawful to use dogs for hunting turkeys. 

(d) Kill Reports. The carcass of each wild turkey shall be tagged and the kill reported as provided by 15A NCAC 10B 
.0113. 

Statutory Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.2. 

.0214 WILDCAT (BOBCAT) 

(a) Open Seasons: The Monday on or nearest October 15 through the last day in February. 
{4} Third Monday after Thanksgiving to January 31 in and west of Stokes, Forsyth, Davio, Iredell, Mocklonburg and 
Union Counties, except there is no open season in the following parts of counties: 

Chorokoo: — That part north of US 61 and NC 294, e ast of Persimmon Crook and Hiwaosoo Lake, south of 
Hiwasse e Lake, and w e st of Nottely Riv e r. 

Madison: That part north of tho French Broad River, south of US 25 70, and west of SR 1319. 
(3) Tho Monday on or nearest October 15 through tho last day in February in all other counties. 
fb) Bag Limits: No restriction. 

Statutory Authority G.S. 113-134; 113-291.2. 

.0220 NUTRIA 

(a) No closed season. 

£b] Bag Limits: No restriction. 

Statutory Authority G.S. 113-134; 113-291.2; 113-291. 1(a). 

SECTION .0300 - TRAPPING 

.0302 OPEN SEASONS 

(a) General. Subject to the restrictions set out in Paragraph (b) of this Rule, the following seasons for taking furbearing 
animals as defined in G.S. 113-129(7a), coyotes, and groundhogs shall apply as indicated, all dates being inclusive: 

(1) November 7-February 12 in and west of Surry, Wilkes, Alexander, Catawba. Burke and Cleveland Counties. 

(2) December 15-February 28 in and east of Hertford, Bertie, Martin, Pitt, Greene, Lenoir, Duplin, Pender and New 
Hanover Counties, except that in the marshes adjoining Currituck Sound in Currituck County the season is 
December 15-March 12 and nutria may not be shot at any time (day or night) during the open season for 
migratory waterfowl. 

(3) December 1 -February 20 in all other counties. 

(b) Restrictions 

(1) It is unlawful to trap or take otter in and west of Stokes, Forsyth, Davie. Iredell, and Mecklenburg Counties. 

(2) It is unlawful to set steel traps for muskrat or mink in and west of Surry, Wilkes, Alexander, Catawba, Burke 
and Cleveland Counties except in or adjacent to the waters of lakes, streams or ponds. 

(3) It is unlawful to trap raccoon in Yadkin County and in and west of Surry, Wilkes, Alexander, Catawba, Lincoln 
and Gaston Counties. 

Note: See 15A NCAC 10D .0002(f) for other trapping restrictions on game lands. 

Statutory Authority G.S. 113-134; 113-291.1; 113-291.2. 
.0303 BAG LIMITS 



1931 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



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PROPOSED RULES 



> 



(a) Raccoon. 

(1) In and east of Rockingham, Guilford, Randolph, Montgomery and Anson Counties, the season limit is 30 
raccoons taken by trapping. 

(2) In Cabarrus, Davidson, Davie, Forsyth, Iredell, Mecklenburg, Rowan, Stanly, Stokes and Union Counties, the 
season limit for raccoons taken by trapping is 20. 

(b) Other Furboor e rs. Furbearers, coyotes, and groundhogs: No restriction. 

Note: Where local laws govern trapping, or are in conflict with these regulations, the local law shall prevail. 

Statutory Authority G.S. 113-134; 113-291.2. 

SUBCHAPTER IOC - INLAND FISHING REGULATIONS 
SECTION .0200 - GENERAL REGULATIONS 

.0205 PUBLIC MOUNTAIN TROUT WATERS 

(a) Designation of Public Mountain Trout Waters. The waters listed herein or in 15A NCAC 10D .0004 are designated 
as Public Mountain Trout Waters and further classified as Wild Trout Waters or Hatchery Supported Waters. For specific 
classifications, see Subparagraphs (1) and (2) of Paragraph (a) of this Rule. These waters are posted and lists thereof are 
filed with the clerks of superior court of the counties in which they are located: 

(1) Hatchery Supported Trout Waters. The listed waters in the counties in Subparagraphs (1)(A)-(Y) are classified 
as Hatchery Supported Public Mountain Trout Waters. Where specific watercourses or impoundments are listed, 
indentation indicates that the watercourse or impoundment listed is tributary to the next preceding watercourse 
or impoundment listed and not so indented. This classification applies to the entire watercourse or impoundment 
listed except as otherwise indicated in parentheses following the listing. Other clarifying information may also 
be included parenthetically. The tributaries of listed watercourses or impoundments are not included in the 
classification unless specifically set out therein, only the confluence of the tributaries and the designated mainstem 
also lies. Otherwise, Wild Trout regulations apply to the tributaries. 

(A) Alleghany County: 

New River (not trout water) 

Little River (Whitehead to McCann Dam) 

Crab Creek 

Brush Creek (except where posted against trespass) 

Big Pine Creek 

Laurel Branch 

Big Glade Creek 

Bledsoe Creek 

Pine Swamp Creek 

Waterfalls Creek (South Fork Little River)(except where posted against trespass) 

South Fork New River (not trout water) 

Prather Creek 

Cranberry Creek 

Piney Fork 

Meadow Fork 
Yadkin River (not trout water) 
Roaring River (not trout water) 

East Prong Roaring River (that portion on Stone Mountain State Park) Delayed Harvest Waters regulations 

apply. See Subparagraph (5) of Paragraph (a) of this Rule. 

(B) Ashe County: 

New River (not trout waters) 

North Fork New River (Watauga Co. line to Sharp Dam) 

Helton Creek (Virginia State line to New River) 

Big Horse Creek (SR 1361 bridge to Tuckerdale) 

Buffalo Creek (headwaters to junction of NC 194-88 and SR 1131) 

Big Laurel Creek 

Three Top Creek (portion not on game lands) 

Hoskins Fork (Watauga County line to North Fork New River) 
South Fork New River (not trout waters) 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1932 



PROPOSED RULES 



t 



Cranberry Creek (Alleghany County line to South Fork New River) 

Nathans Creek 

Peak Creek (headwaters to Trout Lake, except Blue Ridge Parkway waters) 

Trout Lake (Delayed harvest regulations apply. See Subparagraph (5) of Paragraph (a) of this Rule.) 

Roan Creek 

North Beaver Creek 

South Beaver Creek (headwaters to Ashe Lake) 

Pine Swamp Creek (all forks) 

Old Fields Creek 

Mill Creek (except where posted against trespass) 

(C) Avery County: 
Nolichucky River (not trout waters) 

North Toe River (headwaters to Mitchell County line, except where posted against trespass) 
Plumtr ee Cr ee k 
Squirrel Creek 
Elk River (SR 1306 crossing to Tennessee State line, including portions of tributaries on game lands) 
Catawba River (not trout water) 
Johns River (not trout water) 

Wilson Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of this Rule] 
Lost Cove Creek [not Hatchery Supported trout water, see Subparagraph (4) of Paragraph (a) of this 
Rule] 

Gragg Prong (including tributaries) 
Webb Prong (including tributaries) 
Buck Timber Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of this 
Rule] 

Cary Flat Branch [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of this 
Rule] 

Boyde Coffey Lake 
Archie Coffey Lake 
Linville River (Sloop Dam ILand Harbor line (below dam) to Blue Ridge Parkway boundary lin e ) line, except 
where posted against trespass] 

Milltimber Creek 
Linvillo Rivor [Land Harbor lino (below dam) to Bon Aldridgo lino, oxcopt Bob Millor property] 

(D) Buncombe County: 

French Broad River (not trout water) 

Big Ivy Creek (Ivy River) (Dillingham Creek to US 19-23 bridge) 

Dillingham Creek (Corner Rock Creek to Big Ivy Creek) 

Stony Creek 

Mineral Creek (including portions of tributaries on game lands) 

Corner Rock Creek (including tributaries, except Walker Branch) 
Reems Creek (Sugar Camp Fork to US 19-23 bridge, except where posted against trespass) 
Swannanoa River (SR 2702 bridge near Ridgecrest to Sayles Bleachery in Asheville, except where posted 
against trespass) 
Bent Creek (headwaters to N.C. Arboretum boundary line, including portions of tributaries on game lands) 

Lake Powhatan 
Cane Creek (headwaters to SR 3138 bridge) 

(E) Burke County: 

Catawba River (not trout water) 

South Fork Catawba River (not trout water) 

Henry Fork (lower Morganton watershed line downstream to SR 1919 at Ivy Creek) 

Jacob Fork (Shinny Creek to lower South Mountain State Park boundary) Delayed Harvest 
Regulations apply. See Subparagraph (a)(5) of this Rule. 
Johns River (not trout water) 

Parks Creek (portion not on game lands not trout water) 

Carroll Creek (game lands portion above SR 1405 including tributaries) 
Linville River (game lands portion below the Blue Ridge Parkway including portions of tributaries on game 
lands and from first bridge on SR 1223 below Lake James powerhouse to Muddy Creek) 



1933 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



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PROPOSED RULES 



> 



> 



(F) Caldwell County: 
Catawba River (not trout water) 

Johns River (not trout water) 

Wilson Creek (Phillips Branch to Browns Mountain Beach dam, except where posted against trespass) 
Estes Mill Creek (not trout water) 
Thorpe Creek (falls to NC 90 bridge) 
Mulberry Creek (portion not on game lands not trout water) 

Boone Fork (not Hatchery Supported trout water. See Subparagraph (2) of Paragraph (a) of this Rule) 
Boone Fork Pond 

(G) Cherokee County: 
Hiwassee River (not trout water) 

Shuler Creek (headwaters to Tennessee line, except where posted against trespass including portions of 

tributaries on game lands) 

North Shoal Creek (Crane Creek) (headwaters to SR 1325, including portions of tributaries on game lands) 

Persimmon Creek 

Davis Creek (including portions of tributaries on game lands) 

Bald Creek (including portions of tributaries on game lands) 
Beaver Dam Creek (headwaters to SR 1326 bridge, including portions of tributaries on game lands) 
Valley River 

Hyatt Creek (including portions of tributaries on game lands) 
Webb Creek (including portions of tributaries on game lands) 

Junaluska Creek (Ashturn Creek to Valley River, including portions of tributaries on game lands) 
(H) Clay County: 

Hiwassee River (not trout water) 

Fires Creek (first bridge above the lower game land line on US Forest Service road 442 to SR 1300) 
Tusquitee Creek (headwaters to lower SR 1300 bridge, including portions of Bluff Branch on game lands) 

Tuni Creek (including portions of tributaries on game lands) 
Chatuge Lake (not trout water) 

Shooting Creek (headwaters to US 64 bridge at SR 1338) 
Hothouse Branch 

Vineyard Creek (including portions of tributaries on game lands) 
(I) Graham County: 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to Tennessee State line) 
Cheoah River (not trout water) 
Yellow Creek 

Santeelah Reservoir (not trout water) 
West Buffalo Creek 

Huffman Creek (Little Buffalo Creek) 
Squall a Crook 

South Fork Squnlla Crook 
Santeelah Creek (Johns Branch to mouth including portions of tributaries within this section located on 
game lands, excluding Johns Branch) 
Big Snowbird Creek (old railroad junction to mouth, including portions of tributaries on game lands) 
Mountain Creek (game lands boundary to SR 1138 bridge) 
Long Creek (portion not on game lands) 
Tulula Creek (headwaters to lower bridge on SR 1211) 
Franks Creek 
Cheoah Reservoir 
Fontana Reservoir (not trout water) 
Stecoah Creek 
Sawyer Creek 

Panther Creek (including portions of tributaries on game lands) 
(J) Haywood County: 

Pigeon River (not trout water) 

Hurricane Creek (including portions of tributaries on game lands) 
Cold Springs Creek (including portions of tributaries on game lands) 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1934 



PROPOSED RULES 



Jonathans Creek - lower (concrete bridge in Deliwood to Pigeon River) 
Jonathans Creek - upper [SR 1302 bridge (west) to SR 1307 bridge] 
Hemphill Creek 

West Fork Pigeon River (headwaters to Champion International property line, including portions of 
tributaries within this section located on game lands, except Middle Prong) 
Richland Creek (Russ Avenue bridge to US 19A-23 bridge) Delayed Harvest Regulations apply. 
See Subparagraph (a)(5) of this Rule. 
(K) Henderson County: 

Broad River (not trout water) 

Rocky Broad River (one-half mile north of Bat Cave to Rutherford County line) 
Green River - upper (mouth of Bob Creek to mouth of Rock Creek) 
Green River - lower (Lake Summit Dam to Polk County line) 
Camp Creek (SR 1919 to Polk County line) 
Big Hungry River 
Little Hungry River 
French Broad River (not trout water) 
Mills River (not trout water) 

North Fork Mills River (game lands portion below the Hendersonville watershed dam) 
Delayed Harvest Regulations apply. See Subparagraph (a)(5) of this Rule. 
(L) Jackson County: 

Tuckasegee River (confluence with West Fork Tuckasegee River to SR 1392 bridge at Wilmot) Delayed 
Harvest Regulations apply to that portion between NC 107 bridge at Love Field and NC 116 bridge at 
Webster. See Subparagraph (a)(5) of this Rule. 
Scott Creek (entire stream, except where posted against trespass) 
Dark Ridge Creek (Jones Creek to Scotts Creek) 

Buff Creek (SR 1457 bridge below Bill Johnson's place to Scott Creek) 
North Fork Soott Cr ee k 
Savannah Creek (Headwaters to Bradley's Packing House on NC 116) 

Greens Creek (Greens Creek Baptist Church on SR 1730 to Savannah Creek) 
Cullowhee Creek (Tilley Creek to Tuckasegee River) 
Bear Creek Lake 

Wolf Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of thisRule] 
Wolf Creek Lake 
Balsam Lake 
Tanasee Creek [not Hatchery Supported trout water, see Subparagraph (2) of Paragraph (a) of this Rule] 

Tanasee Creek Lake 
West Fork Tuckasegee River (Shoal Creek to existing water level of Little Glenville Lake) 
Shoal Creek (Glenville Reservoir pipeline to mouth) 
(M) Macon County: 

Little Tennessee River (not trout water) 

Nantahala River (Nantahala Dam to Swain County line) Delayed Harvest Regulations apply to the portion 
from Whiteoak Creek to the Nantahala Power and Light powerhouse discharge canal. See Subparagraph (a)(5) 
of this Rule. 

Queens Creek Lake 
Burningtown Creek (including portions of tributaries on game lands) 

Cullasaja River (Sequoah Dam to US 64 bridge near junction of SR 1672, including portions of tributaries on 
game lands, excluding those portions of Big Buck Creek and Turtle Pond Creek on game lands. Wild trout 
regulations apply. See Subparagraphs (2) and (6) of Paragraph (a) of this Rule.) 

Ellijay Creek (except where posted against trespass, including portions of tributaries on game lands) 
Skitty Creek 
Cliffside Lake 
Cartoogechaye Creek (US 64 bridge to Little Tennessee River) 

Tessentee Creek (Nichols Branch to Little Tennessee River, except where posted against trespassing) 
Savannah River (not trout water) 

Big Creek (base of falls to Georgia State line, including portions of tributaries within this Section located 
on game lands) 
(N) Madison County: 



1935 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



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PROPOSED RULES 



> 



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French Broad River (not trout water) 

Shut-In Creek (including portions of tributaries on game lands) 

Spring Creek (junction of NC 209 and NC 63 to lower US Forest Service boundary line, including portions 
of tributaries on game lands) 
Meadow Fork Creek 

Roaring Fork (including portions of tributaries on game lands) 
Little Creek 
Max Patch Pond 
Mill Ridge Pond 
Big Laurel Creek (Mars Hill Watershed boundary to Rice's Mill Dam) 
Shelton Laurel Creek (headwaters to NC 208 bridge) 

Big Creek (headwaters to lower game land boundary, including tributaries) 
Mill Creek 
Spilloorn Crook 
Big Pine Creek 

Puncheon Fork (Hampton Creek to Big Laurel Creek) 
(O) McDowell County: 

Catawba River (portion not on game lands, not trout water) 
Buck Creek (portion not on game lands, not trout water) 

Little Buck Creek (game land portion including portions of tributaries on game lands) 
Curtis Creek ( fish barrier Newberry Creek to US 70 bridge) 
North Fork Catawba River (headwaters to North Cove School, SR 1569) 
Armstrong Creek (Cato Holler line downstream to upper Greenlee line) 
Mill Creek (upper railroad bridge to U.S. 70 Bridge, except where posted against trespass) 
(P) Mitchell County: 

Nolichucky River (not trout water) 

Big Rock Creek (headwaters to fishing olub prop e rty abov e A.D. Harr e l farm NC 226 bridge at SR 1307 
intersection) 

Little Rock Creek (Green Creek Bridge to Big Rock Creek, except where posted against trespass) 
Cane Creek (SR 1219 to Nolichucky River) 
Grassy Creek (East Fork Grassy Creek to mouth) 

East Fork Grassy Creek 
North Toe River (Avery County line to SR 1121, Altapass Road) 
(Q) Polk County: 

Broad River (not trout water) 

North Pacolet River (Pacolet Falls to NC 108 bridge) 

Fork Creek (Fork Creek Church on SR 1128 to North Pacolet River) 
Big Fall Creek (portion above and below water supply reservoir) 
Green River (Henderson County line to mouth of Brights Creek) 
Little Cove Creek (including portions of tributaries on game lands) 
Cove Creek (including portions of tributaries on game lands) 
Camp Creek [Henderson County line (top of falls) to Green River] 

Fulloms Creek (SR 1154 to Green River, including portions of tributaries on game lands) 
(R) Rutherford County: 

Broad River (not trout water) 

Rocky Broad River (Henderson County line to head of rapids at Goose Pond Hole, except where posted against 
trespass) 
(S) Stokes County: 

Dan River ( lower Flippin property lino bolow SR 1416 bridge downstream to a point te 200 yards downstream 
from below the end of SR 1421) 
(T) Surry County: 

Yadkin River (not trout water) 

Ararat River (SR 1727 downstream to the Business US 52 bridge) Delayed Harvest regulations apply. See 
Subparagraph (5) of Paragraph (a) of this Rule. 
Stewarts Creek (not trout water) 

Pauls Creek (Virginia State line to 0.3 mile below SR 1625 bridge - lower Caudle property line) 
Fisher River (Cooper Creek) (Virginia State line to NC 89 bridge) 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1936 



PROPOSED RULES 



Little Fisher River (Virginia State line to NC 89 bridge) 
(U) Swain County: 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to Tennessee State line) 
Cheoah Reservoir 
Fontana Reservoir (not trout water) 
Alarka Creek 

Nantahala River (Macon County line to existing Fontana Reservoir water level) 
Tuckasegee River (not trout water) 

Deep Creek (Great Smoky Mountains National Park boundary line to Tuckasegee River) 
Connelly Creek (including portions of tributaries on game lands) 
(V) Transylvania County: 

French Broad River (junction of west and north forks to US 276 bridge) 
Davidson River (Avery Creek to Ecusta intake) 

East Fork French Broad River (Glady Branch to French Broad River) 
Middle Fork French Broad River 

West Fork French Broad River (SR 1312 and SR 1309 intersection to junction of west and north forks, 
including portions of tributaries within this section located on game lands) 
Savannah River (not trout water) 

Thompson River (SR 1152 to South Carolina state line, except where posted against trespass, including 
portions of tributaries within this section located on game lands) 
(Wj Watauga County: 

New River (not trout waters) 

North Fork New River (from confluence with Maine and Mine branches to Ashe County line) 
Maine Branch (headwaters to North Fork New River) 
South Fork New River (not trout water) 
Meat Camp Creek 

Norris Fork Creek 
Howards Creek (downstream from lower falls) 
Middle Fork New River (Lake Chetola Dam to South Fork New River) 
Yadkin River (not trout water) 

Stony Fork (headwaters to Wilkes County line) 

Elk Creek (headwaters to gravel pit on SR 1508, except where posted against trespass) 
Watauga River (SR 1559 at Foscoe downstream to NC 105 bridge) Delayed Harvest Regulations apply. See 
Subparagraph (5) of Paragraph (a) of this Rule. 
Beech Creek 

Buckeye Creek Reservoir 
Coffee Lake 
Laurel Creek 

Cove Creek (SR 1233 bridge at Zionville to SR 1233 bridge at Amantha) 
Dutch Creek (second bridge on SR 1134 to mouth) 
Boone Fork (headwaters to SR 1562) 
(X) Wilkes County: 

Yadkin River (not trout water) 
Roaring River (not trout water) 

East Prong Roaring River (Bullhead Creek to Brewer's Mill on SR 1943) (Delayed harvest regulations apply 
to portion on Stone Mountain State Park) See Subparagraph (5) of Paragraph (a) of this Rule. 

Stone Mountain Creek (Delayed Harvest Regulations apply. See Subparagraph (5) of Paragraph (a) of 
this Rule.) 
Middle Prong Roaring River (headwaters to second bridge on SR 1736) 
Harris Creek (end of SR 1716 to mouth) 
Pell Branch Pond 
Boundary Line Pond 
West Prong Roaring River (not trout waters) 
Pike Creek 

Pike Creek Pond 
Reddies River (not trout water) 



1937 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



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PROPOSED RULES 



Middle Fork Reddies River (Clear Prong) (headwaters to bridge on SR 1580) 
South Fork Reddies River (headwaters to NC 16 bridge) 
North Fork Reddies River (Vannoy Creek) (headwaters to Union School bridge on SR 1559) 

North Prong Reddies River (Darnell Creek) (downstream ford on SR 1569 to confluence with North 
Fork) 
Lewis Fork Creek (not trout water) 

South Prong Lewis Fork (headwaters to Lewis Fork Baptist Church) 
Fall Creek (except portions posted against trespass) 
(Y) Yancey County: 

Nolichucky River (not trout water) 

Cane River (Cattail Cr ee k to Bowlons Crook) rBee Branch (SR 1110) to Bowlens Creek! 
Bald Mountain Creek (except portions posted against trespass) 
Indian Creek (not trout water) 

Price Creek (junction of SR 1120 and SR 1121 to Indian Creek) 
North Toe River (not trout water) 

South Toe River (Clear Creek to lower boundary line of Yancey County recreation park except where posted 

against trespass) 

(2) Wild Trout Waters. All waters designated as Public Mountain Trout Waters on the game lands listed in 

Subparagraph (b)(2) of 15A NCAC 10D .0004, are classified as Wild Trout Waters unless specifically classified 

otherwise in (A)(1) of this Rule. The trout waters listed in this Subparagraph are also classified as Wild Trout 

Waters. 

(A) Alleghany County: 

Big Sandy Creek (portion on Stone Mountain State Park) 

Ramey Creek (entire stream) 

Stone Mountain Creek (that portion on Stone Mountain State Park) 

(B) Ashe County: 

Big Horse Creek (Virginia State Line to SR 1361 bridge) Catch and Release/ Artificial Lures Only Regulations 
apply. See Subparagraph (a)(3) of this Rule. 

(C) Avery County: 

Birchfield Creek (entire stream) 
Cow Camp Creek (entire stream) 
Cranberry Creek (entire stream) 
Horse Creek (entire stream) 
Jones Creek (entire stream) 
Kentucky Creek (entire stream) 
North Harper Creek (entire stream) 
Plumtree Creek (entire stream) 
Roaring Creek (entire stream) 
Rockhouse Creek (entire stream) 
South Harper Creek (entire stream) 

Wilson Crook (Catch and Release/ Artificial Luros Only Regulations apply. — Soo Subparagraph (a)(3) of this 
Rul e .) 

(D) Buncombe County: 

Carter Creek (game land portion) (Catch and Release/ Artificial Lures only regulations apply. See Subparagraph 
(3) of Paragraph (a) of this Rule. 

(E) Burke County: 

All waters located on South Mountain State Park, except the main stream of Jacob Fork between the mouth of 
Shinny Creek and the lower park boundary where delayed harvest regulations apply. See Subparagraph (5) of 
Paragraph (a) of this Rule. 

(F) Caldwell County: 

Buffalo Creek (headwaters to lower Dahl property line) 
Joe Fork (Watauga County line to falls) 
Rockhouse Creek (entire stream) 

(G) Graham County: 

South Fork Squall a Creek (entire stream) 
Squalla Creek (entire stream) 
(H) (G) Jackson County: 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1938 



PROPOSED RULES 



Gage Creek (entire stream) 

North Fork Scott Creek (entire stream) 

Tanasee Creek (entire stream) 

Whitewater River (downstream from Silver Run Creek to South Carolina State line) 

Wolf Creek (entire stream, except Balsam Lake and Wolf Creek Lake) 
(1) Madison County 

Spillcorn Creek (entire stream) 
£J) fW) Mitchell County : 

Green Creek (headwaters to Green Creek Bridge, except where posted against trespass) 

Little Rock Creek (headwaters to Green Creek Bridge, including all tributaries, except where posted against 

trespass) 

Wiles Creek (game land boundary to mouth) 
(K) fB Transylvania County: 

Whitewater River (downstream from Silver Run Creek to South Carolina State line) 
(L) ^J-> Watauga County : 

Watauga River (Avery County line to SR 1559) 

Boone Fork (Blue Ridge Parkway boundary line to Watauga River) [Catch and Release Fly Fishing Only 

regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.] 

Dutch Creek (headwaters to second bridge on SR 1 134) 

Howards Creek (headwaters to lower falls) 
Howards Creek (headwaters to lower falls) 
Dutch Cr ee k (headwat e rs to soeond bridge on SR 1131) 

Watauga River (Avery County line to SR 1559) 
(Mi &) Wilkes County- 
Big Sandy Creek (portion on Stone Mountain State Park) 

Garden Creek (portion on Stone Mountain State Park) 

Harris Creek and tributaries [portions on Stone Mountain State Park) [Catch and Release Artificial Lures Only 

regulations apply. See Subparagraph (4) of Paragraph (a) of this Rule.] 

Widow Creek (portion on Stone Mountain State Park) 
(N) ft) Yancey County: 

Lickskillet Creek (entire stream) 

Middle Creek (game land boundary to mouth) 

Rock Creek (game land boundary to mouth) 

South Toe River (game land boundary downstream to Clear Creek) 

(3) Catch and Release/Artificial Lures Only Trout Waters. Those portions of designated wild trout waters as listed 
in this Subparagraph, including tributaries except as noted, are further classified as Catch and Release/Artificial 
Lures Only waters. Only artificial lures having one single hook may be used. No fish may be harvested or be 
in possession while fishing these streams: 

(A) Ashe County- 
Big Horse Creek (Virginia State line to SR 1361 bridge excluding tributaries) 
Three Top Creek (portion located on Three Top Mountain Game Lands) 

(B) — Av e ry County : 

Wilson Cr ee k (gam e land portion) 

(B) (€) Buncombe County- 
Carter Creek (game land portion) 

(C) f©} Jackson County- 
Flat Creek 

Tuckasegee River (upstream of Clarke property) 

(D) fE) McDowell County: 
Newberry Creek (game land portion) 

(E) fR Wilkes County- 
Harris Creek (portion on Stone Mountain State Park) 

(F) fG-> Yancey County : 
Lower Creek 

Upper Creek 

(4) Catch and Release'Artificial Flies Only Trout Waters. Those portions of designated wild trout waters as listed 
in this Subparagraph, including tributaries except as noted, are further classified as Catch and Release/Fly Fishing 



1939 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



i 



( 



i 



PROPOSED RULES 



Only waters. Only artificial flies having one single hook may be used. No fish may be harvested or be in 
possession while fishing these streams: 

(A) Avery County: 

Lost Cove Creek (game land portion, excluding Gragg Prong and Rockhouse Creek) 

(B) Transylvania County: 

Davidson River (headwaters to Avery Creek, excluding Avery Creek, Looking Glass Creek and Grogan Creek) 

(C) Watauga County: 

Boone Fork (portion between Blue Ridge Parkway boundary and the Watauga River) 

(D) Yancey County: 

South Toe River (portion from the concrete bridge above Black Mountain Campgroup downstream to game land 
boundary, excluding Camp Creek and Neals Creek) 

(5) Delayed Harvest Trout Waters. Those portions of designated Hatchery Supported Trout Waters as listed in this 
Subparagraph, excluding tributaries except as noted, are further classified as Delayed Harvest Waters. Between 
1 March October and one-half hour after sunset on the Friday before the first Saturday « of the following June, 
inclusive, it is unlawful to possess natural bait and only artificial lures with one single hook may be used. No 
fish may be harvested or be in possession while fishing these streams during this time. These waters are closed 
to fishing between one-half hour after sunset on the Friday before the first Saturday in June and 6:00 a.m. on 
the first Saturday in June. At 6:00 a.m. on the first Saturday in June these streams open for fishing under 
Hatchery Supported Waters regulations: 

(A) Ashe County: 
Trout Lake 

(B) Burke County: 

Jacob Fork (Shinny Creek to lower South Mountains State Park boundary) 

(C) Haywood County: 

Richland Creek (Russ Avenue bridge to US 19A-23 bridge) 

(D) Henderson County: 

North Fork Mills River (game land portion below the Hendersonville watershed dam) 

(E) Jackson County: 

Tuckasegee River (NC 107 bridge at Love Field Downstream to NC 1 16 bridge at Webster) 

(F) Macon County: 

Nantahala River (portion from Whiteoak Creek to the Nantahala Power and Light power house discharge canal) 

(G) Surry County: 

Ararat River (SR 1727 downstream to Business US 52 bridge) 
(H) Watauga County: 

Watauga River (SR 1559 bridge at Foscoe downstream to NC 105 bridge) 
(I) Wilkes County: 

East Prong Roaring River (from Bullhead Creek downstream to the Stone Mountain State Park lower boundary) 
Stone Mountain Creek (from falls at Allegheny County line to confluence with East Prong Rearing River and 
Bullhead Creek in Stone Mountain State Park) 

(6) Wild Trout/Natural Bait Waters. Those portions of designated Wild Trout Waters as listed in this Subparagraph, 
including tributaries except as noted, are further classified as Wild Trout/Natural Bait Waters. All artificial lures 
and natural baits, except live fish, are allowed provided they are fished using only one single hook. The creel 
limit, size limit, and open season are the same as other Wild Trout Waters [see 15A NCAC 10C .0305(a)]. 

(A) Cherokee County: 

Tellico River (Fain Ford to Tennessee state line excluding tributaries) 

(B) Clay County: 

Buck Creek (game land portion downstream of US 64 bridge) 

(C) Graham County: 
Deep Creek 

Long Creek (game land portion) 

(D) Jackson County: 

Chattooga River (SR 1 100 bridge to South Carolina state line) 
(lower) Fowler Creek (game land portion) 
Scotsman Creek (game land portion) 

(E) Macon County: 

Chattooga River (SR 1100 bridge to South Carolina state line) 
Jarrett Creek (game land portion) 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1940 



PROPOSED RULES 



Kimsey Creek 

Overflow Creek (game land portion) 
Park Creek 

Tellico Creek (game land portion) 
Turtle Pond Creek (game land portion) 
(F) Transylvania County: 

North Fork French Broad River (game land portions downstream of SR 1326) 
(b) Fishing in Trout Waters 

(1) Hatchery Supported Trout Waters. It is unlawful to take fish of any kind by any manner whatsoever from 
designated public mountain trout waters during the closed seasons for trout fishing. The seasons, size limits, 
creel limits and possession limits apply in all waters, whether designated or not, as public mountain trout waters. 
Except in power reservoirs and city water supply reservoirs so designated, it is unlawful to fish in designated 
public mountain trout waters with more than one line. Night fishing is not allowed in most hatchery supported 
trout waters on game lands [see 15A NCAC 10D .0004(b)(1)]. 

(2) Wild Trout Waters. Except as otherwise provided in Subparagraphs (3), (4), and (6) of Paragraph (a) of this 
Rule, the following rules apply to fishing in wild trout waters. 

(A) Open Season. There is a year round open season for the licensed taking of trout. 

(B) Creel Limit. The daily creel limit is four trout. 

(C) Size Limit. The minimum size limit is seven inches. 

(D) Manner of Taking. Only artificial lures having only one single hook may be used. No person shall possess 
natural bait while fishing wild trout waters except those waters listed in 15A NCAC IOC .0205(a)(6). 

(E) Night Fishing. Fishing on wild trout waters is not allowed between one-half hour after sunset and one-half hour 
before sunrise. 

Statutory Authority G.S. 113-134; 113-272; 113-292. 

SECTION .0300 - GAME FISH 

.0301 INLAND GAME FISHES DESIGNATED 

The following fishes are classified and designated as iniand game fishes: 

(1) mountain trout, all species including but not limited to rainbow, steelhead, golden, brown and brook trout; 

(2) muskellunge and tiger muskie; 

(3) chain pickerel (jack); 

(4) walleye; 

(5) black bass, including spotted, smallmouth and largemouth bass; 

(6) white bass; 

(7) spotted sea trout (speckled trout), when found in inland fishing waters; 

(8) flounder, when found in inland fishing waters; 

(9) red drum (channel bass, red fish, puppy drum), when found in inland fishing waters; 

(10) striped bass and Morone hybrids (striped bass-white bass), when found in inland fishing waters; 

(11) American shad, when found in inland fishing waters; 

(12) hickory shad, when found in inland fishing waters; 

(13) f+4-) kokanee salmon; 

( 1 4 ) f+2-) Panfishes, including as a group, white perch and yellow perch (when found in inland fishing waters), crappie, 
warmouth, redbreast or robin, bluegill or bream, rock bass, redeye, sauger, and all other species of sunfish, perch 
and pickerel not specifically listed in this Rule. 

Statutory Authority G.S. 113-134; 113-129. 

.0302 MANNER OF TAKING INLAND GAME FISHES 

(a) Except as provided below, it is unlawful for any person to take inland game fishes from any of the waters of North 
Carolina by any method other than with hook and line. Landing nets may be used to land fishes caught on hook and line. 
Game fishes taken incidental to commercial fishing operations in joint fishing waters or coastal fishing waters shall be 
immediately returned to the water unharmed. Game fishes taken incidental to the use of licensed special devices for taking 
nongame fishes from inland fishing waters as authorized by 15A NCAC 10C .0407 shall be immediately returned to the water 
unharmed. 

(b) In the inland waters of the Roanoke River upstream of U.S. 258 bridge, only a single barbless hook or a lure with 



1941 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



Only waters. Only artificial flies having one single hook may be used. No fish may be harvested or be in 
possession while fishing these streams: 

(A) Avery County: 

Lost Cove Creek (game land portion, excluding Gragg Prong and Rockhouse Creek) 

(B) Transylvania County: 

Davidson River (headwaters to Avery Creek, excluding Avery Creek, Looking Glass Creek and Grogan Creek) 

(C) Watauga County: 

Boone Fork (portion between Blue Ridge Parkway boundary and the Watauga River) 

(D) Yancey County: 

South Toe River (portion from the concrete bridge above Black Mountain Campgroup downstream to game land 
boundary, excluding Camp Creek and Neals Creek) 

(5) Delayed Harvest Trout Waters. Those portions of designated Hatchery Supported Trout Waters as listed in this 
Subparagraph, excluding tributaries except as noted, are further classified as Delayed Harvest Waters. Between 
1 Maroh October and one-half hour after sunset on the Friday before the first Saturday ia of the following June, 
inclusive, it is unlawful to possess natural bait and only artificial lures with one single hook may be used. No 
fish may be harvested or be in possession while fishing these streams during this time. These waters are closed 
to fishing between one-half hour after sunset on the Friday before the first Saturday in June and 6:00 a.m. on 
the first Saturday in June. At 6:00 a.m. on the first Saturday in June these streams open for fishing under 
Hatchery Supported Waters regulations: 

(A) Ashe County: 
Trout Lake 

(B) Burke County: 

Jacob Fork (Shinny Creek to lower South Mountains State Park boundary) 

(C) Haywood County: 

Richland Creek (Russ Avenue bridge to US 19A-23 bridge) 

(D) Henderson County: 

North Fork Mills River (game land portion below the Hendersonville watershed dam) 

(E) Jackson County: 

Tuckasegee River (NC 107 bridge at Love Field Downstream to NC 116 bridge at Webster) 

(F) Macon County: 

Nantahala River (portion from Whiteoak Creek to the Nantahala Power and Light power house discharge canal) 

(G) Surry County: 

Ararat River (SR 1727 downstream to Business US 52 bridge) 
(H) Watauga County: 

Watauga River (SR 1559 bridge at Foscoe downstream to NC 105 bridge) 
(I) Wilkes County: 

East Prong Roaring River (from Bullhead Creek downstream to the Stone Mountain State Park lower boundary) 
Stone Mountain Creek (from falls at Allegheny County line to confluence with East Prong Roaring River and 
Bullhead Creek in Stone Mountain State Park) 

(6) Wild Trout/Natural Bait Waters. Those portions of designated Wild Trout Waters as listed in this Subparagraph, 
including tributaries except as noted, are further classified as Wild Trout/Natural Bait Waters. All artificial lures 
and natural baits, except live fish, are allowed provided they are fished using only one single hook. The creel 
limit, size limit, and open season are the same as other Wild Trout Waters [see 15A NCAC 10C .0305(a)]. 

(A) Cherokee County: 

Tellico River (Fain Ford to Tennessee state line excluding tributaries) 

(B) Clay County: 

Buck Creek (game land portion downstream of US 64 bridge) 

(C) Graham County: 
Deep Creek 

Long Creek (game land portion) 

(D) Jackson County: 

Chattooga River (SR 1100 bridge to South Carolina state line) 
(lower) Fowler Creek (game land portion) 
Scotsman Creek (game land portion) 

(E) Macon County: 

Chattooga River (SR 1 100 bridge to South Carolina state line) 
Jarrett Creek (game land portion) 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1940 



PROPOSED RULES 



Kimsey Creek 

Overflow Creek (game land portion) 
Park Creek 

Tellico Creek (game land portion) 
Turtle Pond Creek (game land portion) 
(F) Transylvania County: 

North Fork French Broad River (game land portions downstream of SR 1326) 
(b) Fishing in Trout Waters 

( 1 ) Hatchery Supported Trout Waters. It is unlawful to take fish of any kind by any manner whatsoever from 
designated public mountain trout waters during the closed seasons for trout fishing. The seasons, size limits, 
creel limits and possession limits apply in all waters, whether designated or not, as public mountain trout waters. 
Except in power reservoirs and city water supply reservoirs so designated, it is unlawful to fish in designated 
public mountain trout waters with more than one line. Night fishing is not allowed in most hatchery supported 
trout waters on game lands [see 15 A NCAC 10D .0004(b)(1)]. 

(2) Wild Trout Waters. Except as otherwise provided in Subparagraphs (3), (4), and (6) of Paragraph (a) of this 
Rule, the following rules apply to fishing in wild trout waters. 

(A) Open Season. There is a year round open season for the licensed taking of trout. 

(B) Creel Limit. The daily creel limit is four trout. 

(C) Size Limit. The minimum size limit is seven inches. 

(D) Manner of Taking. Only artificial lures having only one single hook may be used. No person shall possess 
natural bait while fishing wild trout waters except those waters listed in 15A NCAC IOC .0205(a)(6). 

(E) Night Fishing. Fishing on wild trout waters is not allowed between one-half hour after sunset and one-half hour 
before sunrise. 

Statutory Authority G.S. 113-134; 113-272; 113-292. 

SECTION .0300 - GAME FISH 

.0301 INLAND GAME FISHES DESIGNATED 

The following fishes are classified and designated as iniand game fishes: 

(1) mountain trout, all species including but not limited to rainbow, steelhead, golden, brown and brook trout; 

(2) muskellunge and tiger muskie; 

(3) chain pickerel (jack); 

(4) walleye; 

(5) black bass, including spotted, smallmouth and largemouth bass; 

(6) white bass; 

(7) spotted sea trout (speckled trout), when found in inland fishing waters; 

(8) flounder, when found in inland fishing waters; 

(9) red drum (channel bass, red fish, puppy drum), when found in inland fishing waters; 

(10) striped bass and Morone hybrids (striped bass-white bass), when found in inland fishing waters; 

(11) American shad, when found in inland fishing waters; 

( 12) hickory shad, when found in inland fishing waters; 

( 13) (44-) kokanee salmon; 

i I4i f+5) Panfishes, including as a group, white perch and yellow perch (when found in inland fishing waters), crappie, 
warmouth, redbreast or robin, bluegill or bream, rock bass, redeye, sauger, and all other species of sunfish, perch 
and pickerel not specifically listed in this Rule. 

Statutory Authority G.S. 113-134; 113-129. 

.0302 MANNER OF TAKING INLAND GAME FISHES 

(a) Except as provided below, it is unlawful for any person to take inland game fishes from any of the waters of North 
Carolina by any method other than with hook and line. Landing nets may be used to land fishes caught on hook and line. 
Game fishes taken incidental to commercial fishing operations in joint fishing waters or coastal fishing waters shall be 
immediately returned to the water unharmed. Game fishes taken incidental to the use of licensed special devices for taking 
nongame fishes from inland fishing waters as authorized by 15A NCAC 10C .0407 shall be immediately returned to the water 
unharmed. 

(b) In the inland waters of the Roanoke River upstream of U.S. 258 bridge, only a single barbless hook or a lure with 



1941 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



a single barfaless hook may be used from 1 April to 30 June. Barbless as used in this rule, requires that the hook does not 
have a barb or the barb is bent down. 

Statutory Authority G.S. 113-134; 113-273; 113-292; 113-302. 

.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 

(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and size limits 
are as indicated in the following table: 

DAILY CREEL MINIMUM 



GAME FISHES 

Mountain Trout: 
Wild Trout 
Waters 

Hatchery Sup- 
ported Trout 
Waters and 
undesignated 
waters 

Muskellunge and 
Tiger Musky 

Chain Pickerel 
(Jack) 

Walleye 



Sauger 

Black Bass: 

Largemouth 



Smallmouth 
and Spotted 

White Bass 

Sea Trout (Spotted 
or Speckled) 

Flounder 

Red drum (channel 
bass, red fish, 
puppy drum) 



LIMITS 


SIZE LIMITS 


OPEN SEASON 


4 


7 in. 




ALL YEAR 

(exc. 2) 


7 


None 




All year, except 
March 1 to 6:00 a.m. 
on first Saturday 
in April 
(exc. 2) 


2 


30 in. 




ALL YEAR 


None 


None 




ALL YEAR 


8 
(exes. 8 & 9) 


None 




ALL YEAR 

(exc. 8) 


8 


15 in. 




ALL YEAR 


5 
(exc. 9) 


14 in. 
(exes. 3, 7 & 10) 


ALL YEAR 

(exc. 18) 


5 
(exc. 9) 


12 in. 

(exes. 3, 7 & 


10) 


ALL YEAR 


25 


None 




ALL YEAR 


10 


12 in. 




ALL YEAR 


None 


13 in. 




ALL YEAR 


5 


18 in. 




ALL YEAR 



Striped Bass 
and their hybrids 
(Morone Hybrids) 



8 aggregate 
(exes. 1 & 5) 



16 in. 
(exes. 1, 5 & 11) 



ALL YEAR 

(exes. 5, 13, & 15) 



Shad: (American 



None 



None 



ALL YEAR 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1942 



PROPOSED RULES 



and hickory) 










Kokanee Salmon 




7 


None 


ALL YEAR 


Pan fishes 




None 


None 


ALL YEAR 




(exes 


. 4. 12, & 16) 


(exc. 12) 


(exc. 4) 


NONGAME FISHES 




None 


None 


ALL YEAR 






(exc. 14) 


(exc. 14) 


(exes. 6 & 17) 



(b) Exceptions 

(1) In the Dan River upstream from its confluence with Bannister River to the Brandy Steam Plant Dam, and in John 
H. Kerr, Gaston, and Roanoke Rapids Reservoirs, and Lake Norman, the creel limit on striped bass and Morone 
hybrids is four in the aggregate and the minimum size limit is 20 inches. 

(2) In designated public mountain trout waters the season for taking all species of fish is the same as the trout fishing 
season. There is no closed season on taking trout from Nantahala River and all tributaries (excluding 
impoundments) upstream from Nantahala Lake, and the impounded waters of power reservoirs and 
municipally-owned water supply reservoirs open to the public for fishing. 

(3) Bass taken from Calderwood Reservoir may be retained without restriction as to size limit. 

(4) On Mattamuskeet Lake, special federal regulations apply. 

(5) In the inland fishing waters of Cape Fear, Neuse, Pee-Dee, Pungo and Tar-Pamlico rivers and their tributaries 
and the Roanoke River and its tributaries, including the Cashie. Middle, and Eastmost rivers, extending upstream 
to the first impoundment, the daily creel limit for striped bass and their hybrids is three fish and the minimum 
length limit is 18 inches. In the Roanoke River and its tributaries, including the Cashie, Middle, and Eastmost 
rivers-from April 1 to May 31 no fish between the lengths of 22 inches and 27 inches may be retained. 

(6) See 15A NCAC IOC .0407 for open seasons for taking nongame fishes by special devices. 

(7) The maximum combined number of black bass of all species that may be retained per day is five fish, no more 
than two of which may be smaller than the applicable minimum size limit. The minimum size limit for all 
species of black bass is 14 inches, with no exception in Lake Luke Manon in Moore County, in Reedy Creek 
Park lakes in Mecklenburg County, in Lak e Mackintosh in Alamanc e and Guilford counti e s, in Lake Rim in 
Cumberland County, in Currituck Sound and tributaries north of Wright Memorial Bridge, in North River and 
tributaries in Currituck and Camden Counties north of a line between Camden Point and the end of SR 1 124, in 
High Rock Lake downstream of 1-85. in Badin Lake, in Falls Lake, in Lake Tillery, and- in Blewett Falls Lake. 
Lake, and in the New River and its tributaries in Onslow County. In and west of Madison, Buncombe, 
Henderson and Polk Counties and in designated public mountain trout waters the minimum size limit is 12 inches. 
In B. Everett Jordan Reservoir a minimum size limit of 16 inches, with no exception, applies to largemouth bass. 
In Falls of Neuse Reservoir, east of SR 1004, and Sutton Lake and Tuckertown Lake no black bass between the 
lengths of 12 inches and 16 inches may be retained, and the minimum size limit for black bass is 16 inches, 
except that the daily creel may contain two black bass of less than 12 inches in length. In W. Kerr Scott 
Reservoir there is no minimum size limit for spotted bass. 

(8) A minimum size limit of 15 inches applies to walleye taken from Lake James and its tributaries, and the daily 
creel limit for walleye is four fish in Linville River upstream from the NC 126 bridge above Lake James. 

(9) The creel limit for black bass and walleye taken from Calderwood Reservoir is 10. 

(10) The minimum size limit for all black bass, with no exception, is 18 inches in the following trophy bass lakes: 

(A) Cane Creek Lake in Union County; and 

(B) Lake Thom-A-Lex in Davidson County. County; 

(C) Sutton Lake in New Hanover County. 

(11) In all impounded inland waters and their tributaries, except those waters described in Exceptions (1), the daily 
creel limit of striped bass and their hybrids may include not more than two fish of smaller size than the minimum 
size limit. 

(12) In Lake Tillery, Falls Lake, High Rock Lake, Badin Lake, Tuckertown Lake, Lake Hyco, and Cane Creek Lake 
a daily creel limit of 20 fish and a minimum size limit of 8 inches apply to crappie. 

(13) In designated inland fishing waters of Roanoke Sound, Croatan Sound. Albemarle Sound, Chowan River, 
Currituck Sound, Alligator River, Scuppernong River, and their tributaries (excluding the Roanoke River and 
Cashie River and their tributaries), striped bass fishing season, size limits and creel limits shall be the same as 
those established by duly adopted rules or proclamations of the Marine Fisheries Commission in adjacent joint 
or coastal fishing waters. 



1943 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



(14) The daily creel and length limits for channel, white, and blue catfish in designated urban lakes are provided for 
in 15A NCAC IOC .0401(d). 

(15) The Executive Director may, by proclamation, suspend or extend the hook-and-line season for striped bass in 
the inland and joint waters of coastal rivers and their tributaries. It is unlawful to violate the provisions of any 
proclamation issued under this authority. 

(16) In the entire Lumber River from the Camp MacKall bridge (SR 1225, at the point where Richmond, Moore, 
Scotland, and Hoke counties join) to the South Carolina state line and in all public fishing waters east of 1-95, 
except Tar River Reservoir in Nash County, the daily creel limit for sunfish is 30 in aggregate, no more than 
12 of which may be redbreast sunfish. 

(17) It is unlawful to possess bowfin taken from the Lumber River and its tributaries. 

(18) In Sutton Lake, no largemouth bass may be retained from December 1 through March 31. 

Statutory Authority G.S. 113-134; 113-292; 113-304; 113-305. 

SECTION .0400 - NONGAME FISH 

.0401 MANNER OF TAKING NONGAME FISHES: PURCHASE AND SALE 

(a) Except as permitted by the rules in this Section, it is unlawful to take nongame fishes from the inland fishing waters 
of North Carolina in any manner other than with hook and line or grabbling. Nongame fishes may be taken by hook and 
line or grabbling at any time without restriction as to size limits or creel limits, except that no trotlines or set-hooks may 
be used in the impounded waters located on the Sandhills Game Land or in designated public mountain trout waters, and in 
Lake Waccamaw, trotlines or set-hooks may be used only from October 1 through April 30. The season for taking nongame 
fishes by other hook and line methods in designated public mountain trout waters shall be the same as the trout fishing 
season. 

(b) Nongame fishes taken by hook and line, grabbling or by licensed special devices may be sold, except that bowfin taken 
from the Lumber River and its tributaries may not be sold or possessed. Eels less than six inches in length taken from inland 
waters may not be sold and possession is limited to 200 per day for bait. 

(c) Freshwater mussels may only be taken from impounded waters, except mussels shall not be taken in Lake Waccamaw 
and in University Lake in Orange County. 

(d) In the Urban Lakes listed below it is unlawful to take channel, white or blue catfish (forked tail catfish) by means other 
than hook and line; the daily creel limit for forked tail catfish is six fish in aggregate and the minimum length limit is 12 
inches: 

Cedar Rock Pond, Alamance County 
Frank Liske Park Lake, Cabarrus County 
Lake Rim. Cumberland County 
Campus Hills Pond, Durham County 
Kernersville Lake, Forsyth County 
Winston Pond, Forsyth County 
Bur-Mil Park Pond, Guilford County 
Oka T. Hester Pond, Guilford County 
San-Lee Park Ponds. Lee County 
Freedom Park Pond, Mecklenburg County 
Hornet's Nest Ponds, Mecklenburg County 
Lake Luke Marion, Moore County 
Apex Lake, Wake County 
Lake Crabtree, Wake County 
Shelley Lake, Wake County 
Frcodom Park Pond, Mooklonburg County 
Homot's Nost Ponds, Mecklenburg County 
Campus Hillo Pond, Durham Count)' 
San L ee Park Pondo, Loo County 
Winston Pond, Foray th County 
Lake Toisnot, Wilson County 
Lak e Rim, Cumb e rland County 

Statutory Authority G.S. 113-134; 113-272; 113-292. 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1944 



PROPOSED RULES 



.0404 SPECIAL DEVICE FISHING 

(a) Bow and Arrow. The use of bow [as defined in 15A NCAC 10B .0116(a)] and arrow as a licensed special device is 
authorized for taking nongame fishes at any time from all inland fishing waters other than impounded waters located on the 
Sandhills Game Land and designated public mountain trout waters. Unless specifically prohibited, bow and arrow may be 
used in joint fishing waters. It is unlawful to take fish with crossbow and arrow in any inland fishing waters. 

(b) Nets. Manually operated nets, including seines and bow, cast, dip. gill, drift and fyke nets may be used under the 
special device fishing license. 

( 1 ) No fixed gill net or other stationary net which may be authorized as a special fishing device may be more than 
100 yards in length, nor shall any such net be placed within 50 yards of any other fixed net. Fixed nets must be 
set so that they run parallel to the nearest shoreline, except in the Neuse, Trent, Northeast Cape Fear, Cape Fear, 
and Black Rivers and their tributaries. No anchored or fixed gill net or drift net shall be used unless such net 
is marked for the protection of boat operators. A net shall be deemed so marked when there is attached to it at 
each end two separate yellow buoys which shall be of solid foam or other solid buoyant material no less than five 
inches in its smallest dimensions. The owner shall always be identified on a buoy on each end either by using 
engraved buoys or by attaching engraved metal or plastic tags to the buoys. Such identification shall include one 
of the following: owner's N.C. motor boat registration number, or owner's U.S. vessel documentation name, 
or owner's last name and initials. 

(2) It is unlawful to attach gill nets to any wire, rope, or similar device extended across any navigable watercourse. 

(3) All fixed or drift gill nets must be attended when fished in the designated inland waters of Wildlife District 1 ( 
Beaufort, Bertie, Bladen, Brunswick. Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck. 
Dare, Duplin. Gates, Greene, Hamett, Hertford, Hoke, Hyde, Jones. Lenoir, Martin, New Hanover. Onslow. 
Pamlico, Pasquotank, Pender, Perquimans, Pitt. Robeson, Sampson, Scotland, Tyrrell and Washington counties. 
counti e s). — Wildlif e District 2 (B e aufort, Cart e ret. Crav e n, Duplin. Gr ee ne, Jonas, L e noir, N e w Hanover. 
Onslow. Pamlico, Pender and Pitt counties) and Wildlife District 4 CBladen, Brunswick. Columbu s . Cumberland. 
Harnett. Hoke. Robeson. Sampson and Scotland counties). Attended as used in this Rule, requires that fishermen 
be within 100 yards of all sets of nets at all times. 

(c) Traps. Baskets and traps, including automobile tires, may be used under the special device fishing license. Such 
devices when set and left unattended shall be affixed with a card or tag furnished by the license holder and upon which his 
name and address shall be legibly and indelibly inscribed. No fish trap may exceed 60 inches in length or 30 inches in depth 
or width. No lead nets, wing nets, or other device designed to guide or herd fish may be attached to the trap or used or 
set within 25 feet of the trap. 

(d) Spears. Manually operated gigs or under-water spear or harpoon guns may be used under the special fishing device 
license in the inland waters having a season for their use specified in Rule .0407 of this Section. 

(e) Crab pots. Persons owning property adjacent to the inland fishing waters of coastal rivers and their tributaries are 
permitted to set two crab pots to be attached to their property and not subject to special device license requirements. 

(fj Eel pots. It is unlawful to use pots with mesh sizes smaller than one inch by one-half inch unless such pots contain 
an escape panel that is at least four inches square with a mesh size of one inch by one-half inch located in the outside panel 
of the upper chamber of rectangular pots and in the rear portion of cylindrical pots, except that not more than two eel pots 
per fishing license with a mesh of any size may be used to take eels for bait. 

( 1 ) It is unlawful to use pots in any navigation channel maintained and marked by State or Federal agencies. 

(2) It is unlawful to use pots unless each pot is marked by attaching a floating buoy which shall be of solid foam or 
other solid buoyant material and no less than five inches in diameter and no less than five inches in length. 
Buoys may be of any color except yellow. The owner shall always be identified on the attached buoy by using 
engraved buoys or by engraved metal or plastic tags attached to the buoy. Such identification shall include one 
of the following: 

(A) owner's N.C. motorboat registration number: or 

(B) owner's U.S. vessel documentation name; or 

(C) owner's last name and initials. 

Statutory- Authority- G.S. 113-134; 113-272.2; 113-276; 113-292. 

.0407 PERMrTTED SPECIAL DEVICES AND OPEN SEASONS 

Except in designated public mountain trout waters, and in impounded waters located on the Sandhills Game Land, there 
is a year-round open season for the licensed taking of nongame fishes by bow and arrow. All fixed and drift gill nets must 
be attended when fished in the designated inland waters of the counties listed in 15A NCAC IPC .0404(h)(3) Wildlif e 
Districts 1. 2 and 4. Attended as used in this Rule and in 15A NCAC 10C .0404(b)(3) requires that fisherman be within 
100 yards of all sets of nets at all times. Seasons and waters in which the use of other special devices is authorized are 



1945 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



indicated by counties below: 

(1) Alamance: 

(a) July 1 to August 31 with seines in Alamance Creek below NC 49 bridge and Haw River; 

(b) July 1 to June 30 with gigs in all public waters; 

(2) Alexander: July 1 to June 30 with traps and gigs in all public waters; and with spear guns in Lake Hickory and 
Lookout Shoals Reservoir; 

(3) Alleghany: July 1 to June 30 with gigs in New River, except designated public mountain trout waters; 

(4) Anson: 

(a) July 1 to June 30 with traps and gigs in all public waters; 

(b) December 1 to June 5 with dip and bow nets in Pee Dee River below Blewett Falls Dam, and with gill nets in 
Pee Dee River below the lower end of Goat Island; 

(c) July 1 to August 31 with seines in all running public waters, except Pee Dee River from Blewett Falls 
downstream to the Seaboard Coast Line Railroad trestle; 

(5) Ashe: July 1 to June 30 with gigs in New River (both forks), except designated public mountain trout waters; 

(6) Beaufort: 

(a) July 1 to June 30 with traps in the Pungo River, and in the Tar and Pamlico Rivers above Norfolk and Southern 
Railroad bridge; and with gigs in all inland public waters; 

(b) December 1 to June 5 with dip and bow nets in all inland public waters; with attended drift gill nets in Tar River 
upstream from the Norfolk and Southern Railroad bridge at Washington to the Pitt County line; and with attended 
gill nets in all other inland public waters, except Blounts Creek, Chocowinity Bay, Durham Creek, Mixon Creek 
and Nevil Creek and their tributaries. 

(7) Bertie: 

(a) July 1 to June 30 with traps in the Broad Creek (tributary of Roanoke); 

(b) December 1 to June 5 with dip and bow nets in all inland public waters, excluding public lakes, ponds, and other 
impounded waters; and with attended gill nets in all inland public waters; 

(8) Bladen: 

(a) December 1 to March 1 with attended gill nets in all inland public waters, except Jones, Salters, White, 
Singletary and Baytree (Black) Lakes; 

(b) December 1 to May 1 with attended gill nets in Black River; 

(c) December 1 to June 5 with dip and bow nets in Black River; 

(9) Brunswick: 

(a) December 1 to March 1 with attended gill nets in all inland public waters, except Waccamaw River and its 
tributaries; 

(b) December 1 to May 1 with dip, bow, and attended gill nets in Alligator Creek, Hoods Creek, Indian Creek, 
Orton Creek below Orton Pond, Rices Creek, Sturgeon Creek and Town Creek; 

(10) Buncombe: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; 

(11) Burke: 

(a) July 1 to August 31 with seines in all running public waters, except Johns River and designated public mountain 
trout waters; 

(b) July 1 to June 30 with traps, gigs, and spear guns in all public waters, except designated public mountain trout 
waters and Lake James; 

(12) Cabarrus: 

(a) July 1 to August 31 with seines in all running public waters, 

(b) July 1 to June 30 with traps and gigs in all public waters; 

(13) Caldwell: July 1 to June 30 with traps, gigs, and spear guns in all public waters, except designated public 
mountain trout waters; 

(14) Camden: 

(a) July 1 to June 30 with traps in all inland public waters; 

(b) December 1 to June 5 with dip and bow nets in all inland public waters, excluding public lakes, ponds, and other 
impounded waters; and with attended gill nets in all inland public waters; 

(15) Carteret: December 1 to June 5 with dip, bow, and attended gill nets in all inland public waters except South River 
and the tributaries of the White Oak River; 

(16) Caswell: 

(a) July 1 to June 30 with gigs in all public waters; 

(b) July 1 to August 31 with seines in all running public waters, except Moons Creek; 

(c) July 1 to June 30 with traps in Hyco Reservoir; 

(17) Catawba: 



10:16B NORTH CAROLINA REGISTER November 15, 1995 1946 



PROPOSED RULES 



(a) July 1 to August 31 with seines in all running public waters, except Catawba River below Lookout Dam; 

(b) July 1 to June 30 with traps, spear guns, and gigs in all public waters; 

(18) Chatham: 

(a) December 1 to April 15 with dip and gill nets in the Cape Fear River, Deep River, Haw River and Rocky River 

(local law); 
(d) July 1 to August 31 with seines in the Cape Fear River, and Haw River; 

(c) July 1 to June 30 with traps in Deep River; and with gigs in all public waters; 

(19) Cherokee: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; 

(20) Chowan: 

(a) December 1 to June 5 with dip and bow nets in all inland public waters, excluding public lakes, ponds, and other 
impounded waters; and with attended gill nets in all inland public waters, except Bennetts Mill Pond and Dillard 
Pond; 

(b) July 1 to June 30 with traps in all inland public waters, excluding public lakes, ponds, and other impounded 
waters: 

(21) Clay: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; 

(22) Cleveland: 

(a) July 1 to August 31 with seines in all running public waters; 

(b) July 1 to June 30 with gigs, traps and spear guns in all public waters; 

(23) Columbus: 

(a) December 1 to March 1 with attended gill nets in all inland public waters, except Lake Waccamaw and its 
tributaries and Waccamaw River and its tributaries; 

(b) December 1 to March 1 with gigs in all inland public waters, except Lake Waccamaw and its tributaries; 

(c) December 1 to June 5 with dip, bow, and attended gill nets in Livingston Creek; 

(24) Craven: 

(a) July 1 to June 30 with traps in the main run of the Trent and Neuse Rivers; 

(b) December 1 to June 5 with dip, bow, and attended gill nets in all inland public waters, except Pitch Kettle, 
Grindle, Slocum. Spring and Hancock Creeks and their tributaries; with dip and bow nets in Slocum Creek above 
the US 70 bridge; and with seines in the Neuse River; 

(25) Cumberland: December 1 to March 1 with attended gill nets in all inland public waters; 

(26) Currituck: 

(a) July 1 to June 30 with traps in Tulls Creek and Northwest River; 

(b) December 1 to June 5 with dip and bow nets in all inland public waters, excluding public lakes, ponds, and other 
impounded waters; and with attended gill nets in Northwest River and Tulls Creek; 

(27) Dare: 

(a) July 1 to June 30 with traps in Mashoes Creek, Milltail Creek, East Lake and South Lake; 

(b) December 1 to June 5 with dip and bow nets in all inland public waters, excluding public lakes, ponds, and other 
impounded waters; and with attended gill nets in Martin Point Creek; 

(28) Davidson: 

(a) July 1 to August 31 with seines in all running public waters, 

(b) July 1 to June 30 with gigs in all public waters, and with traps in all public waters except Leonard's Creek, 
Abbott's Creek below Lake Thom-A-Lex dam, and the Abbott's Creek arm of High Rock Lake upstream from 
the NC 8 bridge; 

(29) Davie: 

(a) July 1 to June 30 with traps and gigs in all public waters; 

(b) July 1 to August 31 for taking only carp and suckers with seines in Dutchmans Creek from US 601 to Yadkin 
River and in Hunting Creek from SR 1338 to South Yadkin River; 

(30) Duplin: 

(a) December 1 to March 1 with attended gill nets in Baysden Pond and in the Northeast Cape Fear River, including 
old channels from a point one mile above SR 1700 (Serecta) Bridge downstream to the county line; 

(b) December 1 to June 5 with dip, bow, and attended gill nets and seines in the main run of the Northeast Cape Fear 
River downstream from a point one mile above Serecta Bridge; 

(31) Durham: 

(a) July 1 to August 31 with seines in Neuse River. 

(b) July 1 to June 30 with gigs in all public waters; 

(32) Edgecombe: 

(a) December 1 to March 15 with gill nets in Noble Mill Pond and Wiggins Lake; 

(b) December 1 to June 5 with dip and bow nets in all public waters; and with drift gill nets in Tar River below the 



1947 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



bridge at Old Sparta to the Pitt County line; 

(33) Forsyth: July 1 to June 30 with traps and gigs in all public waters, except traps may not be used in Belews Creek 
Reservoir; 

(34) Franklin: 

(a) December 1 to March 1 with gill nets in Clifton Pond, Parrish Pond, Jackson Pond and Lake Royale; 

(b) July 1 to August 31 with seines in Tar River; 

(c) July 1 to June 30 with gigs in all public waters, except Parrish, Laurel Mill, Jackson, Clifton, Moore's and 
Perry's Ponds, and in the Franklinton City ponds; 

(35) Gaston: 

(a) July 1 to August 31 with seines in all running public waters; 

(b) July 1 to June 30 with gigs, traps and spear guns in all public waters; 

(36) Gates: December 1 to June 5 with dip and bow nets in all inland public waters, excluding public lakes, ponds, 

and other impounded waters; and with attended gill nets in all inland public waters, except Williams (Merchants 
Mill) Pond; 

(37) Graham: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; 

(38) Granville: 

(a) July 1 to June 30 with gigs in all public waters, except Kerr Reservoir; 

(b) July 1 to August 31 with seines in the Neuse River and the Tar River below US 158 bridge; 

(c) July 1 to June 30 with dip and cast nets in Kerr Reservoir; 

(d) July 1 to June 30 with cast nets in all public waters; 

(39) Greene: December 1 to June 5 with dip, bow, and attended gill nets and reels in Contentnea Creek; 

(40) Guilford: 

(a) July 1 to August 3 1 with seines in Haw River, Deep River below Jamestown Dam, and Reedy Fork Creek below 
US 29 bridge; 

(b) July 1 to June 30 with gigs in all public waters; 

(41) Halifax: 

(a) December 1 to March 1 with gill nets in White's Mill Pond; 

(b) December 1 to June 5 with dip and bow nets in Beech Swamp, Clarks Canal, Conoconnara Swamp, Fishing 
Creek below the Fishing Creek Mill Dam, Kehukee Swamp, Looking Glass Gut, Quankey Creek, and White's 
Mill Pond Run; 

(c) July 1 to June 30 with dip and cast nets in Gaston Reservoir and Roanoke Rapids Reservoir; 

(42) Harnett: 

(a) December 1 to March 1 with attended gill nets in all inland public waters; 

(b) January 1 to May 3 1 with gigs in Cape Fear River and tributaries; 

(c) December 1 to June 5 with dip and bow nets in Cape Fear River; 

(43) Haywood: July 1 to June 30 with gigs in all public waters, except Lake Junaluska and designated public mountain 
trout waters; 

(44) Henderson: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; 

(45) Hertford: 

(a) July 1 to June 30 with traps in Wiccacon Creek; 

(b) December 1 to June 5 with dip and bow nets in all inland public waters, excluding public lakes, ponds, and other 
impounded waters; and with attended gill nets in all inland public waters, except mill ponds; 

(46) Hoke: December 1 to March 1 with attended gill nets in all inland public waters; 

(47) Hyde: 

(a) July 1 to June 30 with traps in all inland waters; 

(b) December 1 to June 5 with dip and bow nets in all inland public waters, excluding public lakes, ponds, and other 
impounded waters; and with attended gill nets in Pungo River and tributaries upstream from US 264 bridge, 
Scranton Creek, and Long Shoal River and tributaries; 

(48) Iredell: July 1 to June 30 with traps and gigs in all public waters; and with spear guns in Lookout Shoals Reservoir 
and Lake Norman; 

(49) Jackson: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; 

(50) Johnston: 

(a) December 1 to March 1 with gill nets in Cattails Lake, Holts Lake, Holts Pond, and Wendell Lake; 

(b) December 1 to June 5 with dip and bow nets in Black Creek, Little River, Middle Creek, Mill Creek, Neuse 
River, and Swift Creek; 

(51) Jones: 

(a) July 1 to June 30 with traps in the Trent River below US 17 bridge and White Oak River below US 17 bridge; 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1948 



PROPOSED RULES 



(b) December 1 to June 5 with dip, bow, and attended gill nets in all inland public waters, except the White Oak 
River and its tributaries; 

(c) December 1 to June 5 with dip and bow nets in the main run of the White Oak River; 

(d) March 1 to April 30 with attended gill nets in the main run of the White Oak River; 

(52) Lee: 

(a) December 1 to April 15 with dip and gill nets (local law) in Cape Fear River and Deep River; and with gill nets 
in Morris Pond; 

(b) July 1 to August 31 with seines in Cape Fear River; 

(c) July 1 to June 30 with traps in Deep River, and with gigs in all public waters; 

(53) Lenoir: 

(a) July 1 to June 30 with traps in Neuse River below US 70 bridge at Kinston; 

(b) December 1 to June 5 with dip, bow, and attended gill nets in Neuse River and Contentnea Creek upstream from 
NC 118 bridge at Grifton; and with seines in Neuse River; 

(54) Lincoln: 

(a) July 1 to August 31 with seines in all running public waters; 

(b) July 1 to June 30 with traps, gigs and spear guns in all public waters; 

(55) McDowell: 

(a) July 1 to August 31 with seines in all running public waters, except designated public mountain trout waters; 

(b) July 1 to June 30 with traps, gigs, and spear guns in all public waters, except designated public mountain trout 
waters and Lake James; 

(56) Macon: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; 

(57) Madison: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; 

(58) Martin: December 1 to June 5 with dip and bow nets in all inland public waters, excluding public lakes, ponds, 
and other impounded waters; and with attended gill nets in all inland public waters; 

(59) Mecklenburg: 

(a) July 1 to August 31 with seines in all running public waters; 

(b) July 1 to June 30 with traps, gigs and spear guns in all public waters except Freedom Park Pond and Hornet's 
Nest Ponds; 

(60) Montgomery: 

(a) July 1 to August 31 with seines in all running public waters, except that part of the Pee Dee River between the 
Lake Tillery dam at Hydro and the mouth of Rocky River; 

(b) July 1 to June 30 with traps and gigs in all public waters; 

(61) Moore: 

(a) December 1 to April 15 with gill nets in Deep River and all tributaries; 

(b) July 1 to August 31 with seines in all running public waters except in Deep River; 

(c) July 1 to June 30 with gigs in all public waters, except lakes located on the Sandhills Game Land; and with traps 
in Deep River and its tributaries; 

(62) Nash: 

(a) December 1 to March 1 with gill nets in Boddies Pond and Camp Charles Lake; 

(b) July 1 to June 30 with gigs in all public waters, except Tar River; 

(c) December 1 to June 5 with dip and bow nets in the Tar River below Harris' Landing and Fishing Creek below 
the Fishing Creek Mill Dam; 

(63) New Hanover: December 1 to June 5 with dip, bow, and attended gill nets in all inland public waters, except 
Sutton (Catfish) Lake; 

(64) Northampton: 

(a) July 1 to June 30 with gigs in all public waters, except Gaston and Roanoke Rapids Reservoirs and the Roanoke 
River above the US 301 bridge; 

(b) December 1 to June 5 with dip and bow nets in Occoneechee Creek. Old River Landing Gut; and with dip, bow 
and gill nets in Vaughans Creek below Watsons Mill; 

(c) July 1 to June 30 with dip and cast nets in Gaston Reservoir and Roanoke Rapids Reservoir; 

(65) Onslow: 

(a) July 1 to June 30 with traps in White Oak River below US 17 bridge; 

(b) August 1 to March 31 with eel pots in the main run of New River between US 17 bridge and the mouth of 
Hawkins Creek; 

(c) December 1 to March 1 with attended gill nets in Catherine Lake and Baysden Pond; 

(d) December 1 to June 5 with dip, bow, and attended gill nets in the main run of New River; and with dip and bow 
nets in the main run of the White Oak River; 



1949 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



(e) March 1 to April 30 with attended gill nets in the main run of the White Oak River; and with dip, bow and 

attended gill nets in Grant's Creek; 

(66) Orange: 

(a) July 1 to August 3 1 with seines in Haw River, 

(b) July 1 to June 30 with gigs in all public waters; 

(67) Pamlico: December 1 to June 5 with dip, bow and attended gill nets in all inland public waters; 

(68) Pasquotank: 

(a) July 1 to June 30 with traps in all inland waters; 

(b) December 1 to June 5 with dip and bow nets in all inland public waters, excluding public lakes, ponds, and other 
impounded waters; and with attended gill nets in all inland public waters; 

(69) Pender: 

(a) December 1 to June 5 with dip, bow, and attended gill nets in the Northeast Cape Fear River and Long Creek; 
with dip and bow nets in Black River; and with seines in the main run of Northeast Cape Fear River; 

(b) December 1 to May 1 with attended gill nets in Black River; and with dip, bow, and attended gill nets in Moore's 
Creek approximately one mile upstream to New Moon Fishing Camp; 

(70) Perquimans: 

(a) July 1 to June 30 with traps in all inland waters; 

(b) December 1 to June 5 with dip and bow nets in all inland public waters, excluding public lakes, ponds, and other 
impounded waters; and with attended gill nets in all inland public waters; 

(71) Person: 

(a) July 1 to August 31 with seines in Hyco Creek and Mayo Creek; 

(b) July 1 to June 30 with gigs in all public waters. 

(72) Pitt: 

(a) July 1 to June 30 with traps in Neuse River and in Tar River below the mouth of Hardee Creek east of 
Greenville; 

(b) December 1 to June 5 with dip, bow and attended drift gill nets and with seines in Tar River; and with dip, bow 
and attended gill nets in all other inland public waters, except Grindle Creek, and Contentnea Creek between 
NC 1 18 bridge at Grifton and the Neuse River; 

(73) Polk: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; 

(74) Randolph: 

(a) December 1 to March 1 with gill nets in Deep River and Uwharrie River; 

(b) July 1 to August 3 1 with seines in Deep River above the Coleridge Dam and Uwharrie River; 

(c) July 1 to June 30 with gigs in all public waters; 

(75) Richmond: 

(a) July 1 to August 31 with seines in all running public waters, except Pee Dee River from Blewett Falls 
downstream to the Seaboard Coast Line Railroad trestle; 

(b) July 1 to June 30 with traps and gigs in all public waters, except lakes located on the Sandhills Game Land; 

(c) December 1 to June 5 with dip and bow nets in Pee Dee River below Blewett Falls Dam, and with gill nets in 
Pee Dee River below the mouth of Cartledge Creek; 

(76) Robeson: December 1 to March 1 with attended gill nets and gigs in all inland public waters; 

(77) Rockingham: 

(a) July 1 to August 31 with seines in Dan River and Haw River: 

(b) July 1 to June 30 with traps in Dan River; and with gigs in all public waters; 

(78) Rowan: 

(a) July 1 to August 31 with seines in all running public waters, 

(b) July 1 to June 30 with traps and gigs in all public waters; 

(79) Rutherford: 

(a) July 1 to August 3 1 with seines in all running public waters, except designated public mountain trout waters; 

(b) July 1 to June 30 with traps, gigs, and spear guns in all public waters, except designated public mountain trout 
waters; 

(80) Sampson: 

(a) December 1 to March 1 with attended gill nets in all inland public waters; 

(b) December 1 to May 1 with attended gill nets in Big Coharie Creek, Black River, and Six Runs Creek; 

(c) May 2 to June 5 with attended gill nets of no less than five and one-half inch stretch measure in Big Coharie 
Creek, Black River, and Six Runs Creek: 

(d) December 1 to June 5 with dip and bow nets in Big Coharie Creek, Black River, and Six Runs Creek; 

(81) Scotland: December 1 to March 1 with attended gill nets in all inland public waters, except lakes located on the 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1950 



PROPOSED RULES 



Sandhills Game Land; 

(82) Stanly: 

(a) July 1 to August 31 with seines in all running public waters, except that part of the Pee Dee River between the 

Lake Tillery dam at Hydro and the mouth of Rocky River; 
fb) July 1 to June 30 with traps and gigs in all public waters; 

(83) Stokes: July 1 to June 30 with traps and gigs in all public waters, except designated public mountain trout waters, 
and traps may not be used in Belews Creek Reservoir; 

(84) Surry: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; and with 
traps in the main stem of Yadkin River; 

(85) Swain: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; 

(86) Transylvania: July 1 to June 30 with gigs in all public waters, except designated public mountain trout waters; 

(87) Tyrrell: 

(a) July 1 to June 30 with traps in Scuppernong River, Alligator Creek, and the drainage canals of Lake Phelps 
oxoopt Boo Tr ee Canal within 50 yards of the Lak e Pholpo fich ladder ; 

(b) December 1 to June 5 with dip and bow nets in all inland public waters, excluding Lake Phelps, B ee Tr ee Canal 
within 50 yards of the Lake Pholps fish ladder, public lakes, ponds and other impounded waters; and with 
attended gill nets in Alligator Creek; 

(88) Union: 

(a) July 1 to August 31 with seines in all running public waters, 

(b) July 1 to June 30 with traps and gigs in all public waters; 

(89) Vance: 

(a) December 1 to March 1 with gill nets in Southerlands Pond and Ellis Pond; 

(b) July 1 to August 31 with seines in the Tar River, 

(c) July 1 to June 30 with gigs in all public waters, except Rolands, Faulkners, Southerlands, and Weldon Ponds, 
City Lake, and Kerr Reservoir; 

(d) July 1 to June 30 with dip and cast nets in Kerr Reservoir; 

(e) July 1 to June 30 with cast nets in all public waters; 

(90) Wake: 

(a) July 1 to June 30 with gigs in all public waters, except Sunset, Benson, Wheeler, Raleigh, and Johnson Lakes; 

(b) December 1 to June 5 with dip and bow nets in the Neuse River below Milbumie Dam, and Swift Creek below 
Lake Benson Dam; 

(91) Warren: 

(a) July 1 to August 31 with seines in Fishing Creek. Shocco Creek, and Walker Creek; excluding Duck and 
Hammes Mill Ponds; 

(b) July 1 to June 30 with gigs in all public waters, except Duck and Hammes Mill Ponds, Kerr Reservoir, and 
Gaston Reservoir; 

(c) July 1 to June 30 with dip and cast nets in Kerr Reservoir and Gaston Reservoir; 

(d) July 1 to June 30 with cast nets in all public waters; 

(92) Washington: 

(a) July 1 to June 30 with traps in the drainage canals of Lake Phelps; 

(b) December 1 to June 5 with dip and bow nets in all inland public waters, excluding Lake Phelps, public lakes, 
ponds and other impoundments: and with attended gill nets in Conaby Creek; 

(93) Wayne: 

(a) December 1 to March 1 with gill nets in Sasser's Mill Pond and Sleepy Creek Lake; 

fb) December 1 to June 5 with dip and bow nets in Little River, Mill Creek, and Neuse River, except from Quaker 

Neck Dam downstream to SR 1008 (Tolar) bridge; 

(94) Wilkes: July 1 to June 30 with traps in Yadkin River below W. Kerr Scott Reservoir; and with gigs and spear 
guns in all public waters, except designated public mountain trout waters; 

(95) Wilson: 

(a) July 1 to June 30 with gigs in Contentnea Creek (except Buckhorn Reservoir), including unnamed tributaries 

between Flowers Mill and SR 1163 (Deans) bridge; 
fb) December 1 to June 5 with dip and bow nets in Contentnea Creek below US 301 bridge and in Toisnot Swamp 

downstream from the Lake Toisnot Dam; 

(c) January 1 to March 1 with gill nets in Silver Lake; 

(96) Yadkin: July 1 to June 30 with gigs in all public waters, and with traps in the main stem of Yadkin River. 



Statuton- Authority G.S. 113-134; 113-276; 113-292. 



1951 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



SUBCHAPTER 10D - GAME LANDS REGULATIONS 

.0002 GENERAL REGULATIONS REGARDING USE 

(a) Trespass. Entry on game lands for purposes other than hunting, trapping or fishing shall be as authorized by the 
landowner and there shall be no removal of any plants or parts thereof, or other materials, without the written authorization 
of the landowner. Travel is restricted, except by authorized personnel, to direct access from SR 2074 to the established 
waterfowl viewing stands on Cowan's Ford Waterfowl Refuge. The Wildlife Resources Commission may designate areas 
on game lands as either an Archery Zone, Safety Zone or Restricted Zone. 

(1) Archery Zone. On portions of game lands posted as "Archery Zones" hunting is limited to bow and arrow 
hunting only. 

(2) Safety Zone. On portions of game lands posted as "Safety Zones" hunting is prohibited. No person shall hunt 
or discharge a firearm or bow and arrow within, into, or across a posted safety zone on any game land. 

(3) Restricted Zone. Portions of game lands posted as "Restricted Zones" are closed to all use by the general public, 
and entry upon such an area for any purpose is prohibited without first having obtained specific written approval 
of such entry or use from an authorized agent of the Wildlife Resources Commission. 

(4) Establishment of Archery and Restricted Zones. The Commission shall conduct a public input meeting in the 
area where the game land is located before establishing any archery or restricted zone. After the input meeting 
the public comments shall be presented to an official Commission meeting for final determination. 

(b) Littering. No person shall deposit any litter, trash, garbage, or other refuse at any place on any game land except in 
receptacles provided for disposal of such refuse at designated camping and target-shooting areas. No garbage dumps or 
sanitary landfills shall be established on any game land by any person, firm, corporation, county or municipality, except as 
permitted by the landowner. 

(c) Possession of Hunting Devices. It is unlawful to possess a firearm or bow and arrow on a game land at any time 
except during the open hunting seasons or hunting days for game birds or game animals, other than fox. thereon unless said 
device is cased or not immediately available for use, provided that such devices may be possessed and used by persons 
participating in field trials on field trial areas and on target shooting areas designated by the landowner, and possessed in 
designated camping areas for defense of persons and property; and provided further that .22 caliber pistols with barrels not 
greater than seven and one-half inches in length and shooting only short, long, or long rifle ammunition may be carried as 
side arms on game lands at any time other than by hunters during the special bow and arrow and muzzle-loading firearms 
deer hunting seasons and by individuals training dogs during closed season without field trial authorization. This Rule shall 
not prevent possession or use of a bow and arrow as a licensed special fishing device in those waters where such use is 
authorized. During the closed firearms seasons on big game (deer, bear, boar, wild turkey), no person shall possess a 
shotgun shell containing larger than No. 4 shot or any rifle or pistol larger than a .22 caliber rimfire while on a game land, 
except that shotgun shells containing any size steel or non-toxic shot may be used while waterfowl hunting. Furthermore, 
only shotguns with any size shot may be possessed during the big game season for turkey. No person shall hunt with or have 
in possession any shotgun shell containing lead or toxic shot while hunting on any posted waterfowl impoundment on any 
game land, or while hunting waterfowl on Butner-Falls of Neuse Game Land or New Hope Game Land, except shotgun 
shells containing lead buckshot may be used while deer hunting. 

(d) Game Lands License 

(1) Hunting and Trapping 

(A) Requirement. Except as provided in Part (B) of this Subparagraph, any person entering upon any game land 
for the purpose of hunting, trapping, or participating in dog training or field trial activities must have in his 
possession a game lands license in addition to the appropriate hunting or trapping licenses 

(B) Exceptions 

(i) A person under 16 years of age may hunt on game lands on the license of his parent or legal guardian, 
(ii) The resident and nonresident sportsman's licenses include game lands use privileges, 
(iii) Judges and nonresidents participating in field trials under the circumstances set forth in Subsection (e) of 

this Rule may do so without the game lands license, 
(iv) On the game lands listed in Rule .0003(d)(1) of this Subchapter the game lands license is required only for 

hunting doves; all other activities are subject to the control of the landowners. 

(2) Trout Fishing. Any person 16 years of age or over, including an individual fishing with natural bait in the county 
of his residence, entering a game land for the purpose of fishing in designated public mountain trout waters 
located thereon must have in his possession a game lands license in addition to the regular fishing license and 
special trout license. The game lands license is not required to fish in that part of Slick Rock Creek which 
coincides with the Tennessee State line, or when fishing from boat on Calderwood Lake. The resident and 
nonresident sportsman's licenses and short-term comprehensive fishing licenses include trout fishing privileges 
on game lands. 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1952 



PROPOSED RULES 



(e) Field Trials and Training Dogs. A person serving as judge of a field trial which, pursuant to a written request from 
the sponsoring organization, has been officially authorized in writing and scheduled for occurrence on a game land by an 
authorized representative of the Wildlife Resources Commission, and any nonresident participating therein may do so without 
procuring a game lands license, provided such nonresident has in his possession a valid hunting license issued by the state 
of his residence. 

Any individual or organization sponsoring a field trial on the Sandhills Field Trial grounds or the Laurinburg Fox Trial 
facility shall file with the commission's agent an application to use the area and facility accompanied by a check for the 
facility use fee computed at the rate of one hundred dollars ($100.00) fifty dollars ($50.00) for each scheduled day of the 
trial. The total facility use fee will cover the period from 12:00 noon of the day preceding the first scheduled day of the 
trial to 10:00 a.m. of the day following the last scheduled day of the trial. The facility use fee must be paid for all 
intermediate days on which for any reason trials are not run but the building or facilities are used or occupied. A fee of 
twenty-five dollars ($25.00) per day shall be charged to sporting, educational, or scouting groups for scheduled events 
utilizing the club house only. No person or group of persons or any other entity shall enter or use in any manner any of 
the physical facilities located on the Laurinburg Fox Trial or the Sandhills Field Trial grounds without first having obtained 
specific written approval of such entry or use from an authorized agent of the Wildlife Resources Commission, and no such 
entry or use of any such facility shall exceed the scope of or continue beyond the specific approval so obtained. 

The Sandhills Field Trial facilities shall be used only for field trials scheduled with the approval of the Wildlife Resources 
Commission. No more than 16 days of field trials may be scheduled for occurrence on the Sandhills facilities during any 
calendar month, and no more than four days may be scheduled during any calendar week; provided, that a field trial 
requiring more than four days may be scheduled during one week upon reduction of the maximum number of days allowable 
during some other week so that the monthly maximum of 16 days is not exceeded. Before October 1 of each year, the North 
Carolina Field Trial Association or other organization desiring use of the Sandhills facilities between October 22 and 
November 18 and between December 3 and March 31 must submit its proposed schedule of such use to the Wildlife 
Resources Commission for its consideration and approval. The use of the Sandhills Field Trial facilities at any time by 
individuals for training dogs is prohibited; elsewhere on the Sandhills Game Lands dogs may be trained only on Mondays. 
Wednesdays and Saturdays from October 1 through April 1. 

Dogs may not be trained or permitted to run unleashed from April 1 through August 15 on any game land located west 
of 1-95, except when participating in field trials sanctioned by the Wildlife Resources Commission. Additionally, on game 
lands located west of 1-95 where special hunts are scheduled for sportsmen participating in the Disabled Sportsman Program, 
dogs may not be trained or allowed to run unleashed during legal big game hunting hours on the dates of the special hunts. 

(f) Trapping. Subject to the restrictions contained in 15A NCAC 10B .0110, .0302 and .0303, trapping of furbearing 
animals is permitted on game lands during the applicable open seasons, except that trapping is prohibited: 

( 1 ) on the field trial course of the Sandhills Game Land; 

(2) on the Harmon Den and Sherwood bear sanctuaries in Haywood County; 

(3) in posted "safety zones" located on any game land; 

(4) by the use of multiple sets (with anchors less than 15 feet apart) or bait on the National Forest Lands bounded 
by the Blue Ridge Parkway on the south, US 276 on the north and east, and NC 215 on the west; 

(5) on Cowan's Ford Waterfowl Refuge in Gaston, Lincoln and Mecklenburg Counties; 

(6) on the Hunting Creek Swamp Waterfowl Refuge. 

On those areas of state-owned land known collectively as the Roanoke River Wetlands and including the Broadneck, 
Company Swamp, Conine Island, Speller-Outlaw and Urquhart tracts, controlled trapping is allowed under a permit system. 
For information contact the Division of Wildlife Management of the Wildlife Resources Commission. 

(g) Use of Weapons. No person shall hunt or discharge a firearm or bow and arrow from a vehicle, or within 200 yards 
of any building or designated camping area, or within, into, or across a posted "safety zone" on any game iand. No person 
shall hunt with or discharge a firearm within, into, or across a posted "restricted zone" on any game land. 

(h) Vehicular Traffic. No person shall drive a motorized vehicle on any game land except on those roads construct e d and 
constructed, maintained and opened for vehicular travel and those trails posted for vehicular travel, unless such person: 

(1) is a participant in scheduled bird dog field trials held on the Sandhills Game Land; or 

(2) holds a special vehicular access identification card and permit issued by the Commission based upon competent 
medical evidence submitted by the person verifying that a handicap exists that limits physical mobility to the 
extent that normal utilization of the game lands is not possible without vehicular assistance. Persons meeting this 
requirement may operate electric wheel chairs, all terrain vehicles, and other passenger vehicles on ungated or 
open-gated roads otherwise closed to vehicular traffic on game lands owned by the Wildlife Resources 
Commission and on game lands whose owners have agreed to such use. Those game lands where this special 
rule applies will be designated in the game land rules and map book. This special access rule for disabled 
sportsmen does not permit vehicular access on fields, openings, roads, paths, or trials planted to wildlife food 
or cover. One able-bodied companion, who is identified by a special card issued to each qualified disabled 



1953 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



person, may accompany a disabled person to provide assistance, provided the companion is at all time in visual 
or verbal contact with the disabled person. The companion may participate in all lawful activities while assisting 
a disabled person, provided license requirements are met. Any vehicle used by a qualified disabled person for 
access to game lands under this provision must prominently display the vehicular access permit issued by the 
Wildlife Resources Commission in the passenger area of the vehicle. 

(i) Camping. No person shall camp on any game land except on an area designated by the landowner for camping. 

(j) Swimming. Swimming is prohibited in the lakes located on the Sandhills Game Land. 

(k) Disabled Sportsman Program. In order to qualify for special hunts for disabled sportsmen listed in 15A NCAC 10D 
.0003 an individual must have in their possession a Disabled Sportsman permit issued by the Commission. In order to 
qualify for the permit, the applicant must provide medical certification of one or more of the following disabilities: 

(1) amputation of one or more limbs; 

(2) paralysis of one or more limbs; 

(3) dysfunction of one or more limbs rendering the person unable to perform the task of grasping and lifting with 
the hands and arms or unable to walk without mechanical assistance, other than a cane; 

(4) disease or injury or defect confining the person to a wheelchair, walker, or crutches; or 

(5) legal deafness, meaning the inability to hear and/or understand oral communications with or without assistance 
of amplification devices. 

Participants in the program, except those qualifying by deafness, may operate vehicles on ungated or open-gated roads 
normally closed to vehicular traffic on Game Lands owned by the Wildlife Resources Commission. Each program participant 
may be accompanied by one able-bodied companion provided such companion has in his possession the companion permit 
issued with the Disabled Sportsman permit. It shall be unlawful for anyone other than those holding a Disabled Sportsman 
permit to hunt, during waterfowl season, within 100 yards of a waterfowl blind designated by the Wildlife Resources 
Commission as a Disabled Sportsman's hunting blind. 

(1) Release of Animals. It is unlawful to release pen-raised animals or birds, or wild animals or birds on game lands 
without prior written authorization. 

(m) Non-Highway Licensed Vehicles. It is unlawful to operate motorized vehicles not licensed for highway use from May 
15 through August J5 on all state-owned Game Lands. Such vehicles may be operated August 16 through May 14 only on 
those roads constructed, maintained, and open for vehicular travel and those trails posted for vehicular use. All operators 
of such vehicles must have, in their possession, a valid Game Lands Use license. 

Statutory Authority G.S. 113-134; 113-264; 113-270.3; 113-291.2; 113-291.5; 113-305; 113-306. 

.0003 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person while hunting on any designated game land shall be under the influence of alcohol 
or any narcotic drug, or fail to comply with special restrictions regarding the use of the Blue Ridge Parkway where it adjoins 
game lands listed in this Rule. 

(b) Traffic Requirements. No person shall park a vehicle on game lands in such a manner as to block traffic, gates or 
otherwise prevent vehicles from using any roadway. 

(c) Tree Stands. It is unlawful to erect or to occupy, for the purpose of hunting, any tree stand or platform attached by 
nails, screws, bolts or wire to a tree on any game land designated herein. This prohibition shall not apply to lag-screw steps 
or portable stands that are removed after use with no metal left remaining in or attached to the tree. 

(d) Time and Manner of Taking. Except where closed to hunting or limited to specific dates by this Chapter, hunting on 
game lands is permitted during the open season for the game or furbearing species being hunted. On managed waterfowl 
impoundments, hunters shall not enter the posted impoundment areas earlier than 4:00 a.m. on the permitted hunting dates, 
and hunting is prohibited after 1:00 p.m. on such hunting dates; decoys may not be set out prior to 4:00 a.m. and must be 
removed by 3:00 p.m. each day. No person shall operate any vessel or vehicle powered by an internal combustion engine 
on a managed waterfowl impoundment. 

No person shall attempt to obscure the sex or age of any bird or animal taken by severing the head or any other part 
thereof, or possess any bird or animal which has been so mutilated. 

No person shall place, or cause to be placed on any game land, salt, grain, fruit, or other foods without prior written 
authorization of the commission or its agent. A decision to grant or deny authorization shall be made based on the best 
management practices for the wildlife species in question. No person shall take or attempt to take any game birds or game 
animals attracted to such foods. 

No live wild animals or wild birds shall be removed from any game land. 

(e) Hunting Dates: For purposes of this Section "Eastern" season refers to seasons set for those counties or parts of 
counties listed in 15A NCAC 10B .0203(b)(1)(A); "Central" season refers to seasons set for those counties or parts of 
counties listed in 15A NCAC 10B .0203(b)(1)(D); "Northwestern" season refers to seasons set for those counties or parts 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1954 



PROPOSED RULES 



of counties listed in 15A NCAC 10B .0203(h)( 1)(B); "Western" season refers to seasons set for those counties or parts of 
counties listed in 15A NCAC 10B .0203(b)(1)(C). 

(1) Doves may be taken on the following game lands and dove hunting is limited to Mondays, Wednesdays, 
Saturdays and to Thanksgiving, Christmas and New Year's Days within the federally-announced season: 
Guilford County— Guilford County Farm Game Land 

Lenoir County— Caswell Farm Game Land 

(2) Any game may be taken during the open seasons on the following game lands and hunting is limited to Mondays, 
Wednesdays, Saturdays and Thanksgiving, Christmas and New Year's Days. In addition, deer may be taken with 
bow and arrow on the opening day of the bow and arrow season for deer. Special hunts on other days may also 
be set up for participants in the Disabled Sportsman Program. Raccoon and opossum hunting may continue until 
7:00 a.m. on Tuesdays, until 7:00 a.m. on Thursdays, and until midnight on Saturdays. Additional restrictions 
apply as indicated in parentheses following specific designations: 

Ashe County— Carson Woods Game Land 

Bladen County— Bladen County Game Lands 

Bladen County— Bladen Lakes State Forest Game Lands (Handguns may not be carried and, except for 

muzzle-loaders, rifles larger than .22 caliber rimfire may not be used or possessed. On the Breece Tract and 

the Singletary Tract deer and bear may be taken only by still hunting. Deer of either sex may be taken Mondays, 

Wednesdays, and Saturdays from the first Wednesday after Thanksgiving through the third Saturday after 

Thanksgiving the following W e dn e sday . Deer of either sex may also be taken the Saturday preceding Eastern 

bow season with bow and arrow and the Friday preceding the Eastern muzzle-loading season with any legal 

weapon (with weapons exceptions described in this Paragraph) by participants in the Disabled Sportsman 

Program. Wild turkey hunting is by permit only.) 

Caswell County— Caswell Game Land— (Deer of either sex may also be taken the Friday preceding the Central 

muzzle-loading season by participants in the Disabled Sportsman Program.) 

Catawba and Iredell Counties— Catawba Game Land (No deer may be taken from the tract known as Island Point 

and deer may be taken with bow and arrow only from the tract known as Molly's backbone.) 

Onslow County— White Oak River Impoundment Game Land (In addition to the dates above indicated, waterfowl 

may be taken on the opening and closing days of the applicable waterfowl seasons.) 

Pender County-Holly Shelter Game Land (In addition to the dates above indicated, waterfowl may be taken on 

the opening and closing days of the applicable waterfowl seasons. Deer of either sex may be taken on Mondays, 

Wednesdays, and Saturdays from the first Wednesday after Thanksgiving through the fourth Saturday after 

Thanksgiving.) (Deer of either sex may also be taken the Friday preceding the Eastern muzzle-loading season 

with any legal weapon and the Saturday preceding Eastern bow season with bow and arrow by participants in the 

Disabled Sportsman Program.) 

Richmond, Scotland and Moore Counties— Sandhills Game Land (The regular gun season for deer consists of the 

open hunting dates from the second Monday before Thanksgiving to the third Saturday after Thanksgiving except 

on the field trial grounds where the gun season is from the second Monday before Thanksgiving to the Saturday 

following Thanksgiving. Deer may be taken with bow and arrow on all open hunting dates during the bow and 

arrow season, as well as during the regular gun season. Deer may be taken with muzzle-loading firearms on 

Monday, Wednesday and Saturday of the second week before Thanksgiving week, and during the regular gun 

season. Either sex deer hunting with any legal weapon is permitted on all areas the Thursday and Friday prior 

to the muzzle-loading season described in this Paragraph for participants in the Disabled Sportsman Program. 

Except for the deer seasons above indicated and the managed either-sex permit hunts, the field trial grounds are 

closed to all hunting during the period October 22 to March 31. In addition to the regular hunting days, 

waterfowl may be taken on the opening and closing days of the applicable waterfowl seasons. Wild turkey 

hunting is by permit only. Dove hunting on the field trial grounds will be prohibited from the second Sunday 

in September through the remainder of the hunting season.) 

Robeson County— Robeson Game Land 

Robeson County— Bullard and Branch Hunting Preserve Game Land 

Sampson County— Sampson Game Lands 

Stokes County— Sauratown Plantation Game Land 

Wayne County— Cherry Farm Game Land, the use of centerfire rifles and handguns is prohibited 

Yadkin County— Huntsville Community Farms Game Land 

(3) Any game may be taken on the following game lands during the open season, except that: 

(A) Bears may not be taken on lands designated and posted as bear sanctuaries; 

(B) Wild boar may not be taken with the use of dogs on such bear sanctuaries, and wild boar may be hunted only 
during the bow and arrow seasons, the muzzle-loading deer season and the regular gun season on male deer 



1955 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



on bear sanctuaries; 

(C) On game lands open to deer hunting located in or west of the counties of Rockingham, Guilford, Randolph, 
Montgomery and Anson, the following rules apply to the use of dogs during the regular season for hunting deer 
with guns: 

(i) Except for the counties of Cherokee, Clay, Graham, Jackson, Macon, Madison, Polk, and Swain, game 

birds may be hunted with dogs, 
(ii) In the counties of Cherokee, Clay, Graham, Jackson, Macon, Madison, Polk, and Swain, small game in 

season may be hunted with dogs on all game lands except on bear sanctuaries. 

(D) On Croatan, Jordan, and Shearon Harris Game Lands, and posted waterfowl impoundments on Goose Creek 
Game Lands, waterfowl may be taken only on Mondays, Wednesdays, Saturdays; on Thanksgiving, Christmas 
and New Year's Days; and on the opening and closing days of the applicable waterfowl seasons. After 
November 1, on the Pamlico Point, Campbell Creek, and Spring Creek impoundments, located on the Goose 
Creek Game Lands, a special permit is required for hunting on opening and closing days of the duck seasons, 
Saturdays of the duck seasons, and on Thanksgiving and New Year's day; 

(E) On the posted waterfowl impoundments of Gull Rock Game Land hunting of any species of wildlife is limited 
to Mondays, Wednesdays, Saturdays; Thanksgiving, Christmas, and New Year's Days; and the opening and 
closing days of the applicable waterfowl seasons; 

(F) On bear sanctuaries in and west of Madison, Buncombe, Henderson and Polk Counties dogs may not be trained 
or allowed to run unleashed between March 1 and the Monday on or nearest October 15; 

(G) On Alcoa southeast of NC 49^ Anson, Bachelor Bay, Chatham, Croatan, Jordan, Neuse River. New Lake, Pee 
Dee River, Pungo River, Shoaron Harris and Shearon Harris, Gull Rock and Uwharrie Game Lands deer of 
either sex may be taken from the first Wednesday after Thanksgiving through the third Saturday after 
Thanksgiving. 

(H) On Burner-Falls of Neuse and Person Game Lands waterfowl may be taken only on Tuesdays, Thursdays and 

Saturdays, Christmas and New Year's Days, and on the opening and closing days of the applicable waterfowl 

seasons; 
(I) On Alcoa oouth e aot of NC <\9, Angola Bay, Butner-Falls of Neuse, Goose Creek, Hofmann Forest, Hofmann 

Forest and Sutton Lake and Uwharrio Game Lands deer of either sex may be taken from the first Wednesday 

after Thanksgiving through the following Saturday; 
($) — On Croatan and Nouoo River Gam e Lando d ee r of e ith e r s e x may be tak e n from th e first W e dn es day after 

Thankogiving through th e following Tu e sday; 
(J) (K) On Croatan Game Lands in Jonoa and Craven countie s bear season extends from the second Monday in 

November to the following Saturday, 
(K) (fe) Horseback riding is allowed on the Caswell and Thurmond Chatham game lands only during June, July, 

and August and on Sundays during the remainder of the year except during open turkey and deer seasons. 

Horseback riding is allowed only on roads opened to vehicular traffic. Participants must obtain a game lands 

license prior to engaging in such activity; 
(L) (M) On the posted waterfowl impoundments on the Jordan and Butner-Falls of Neuse game lands a special 

permit is required for all waterfowl hunting. 
(M) (N) Additional restrictions or modifications apply as indicated in parentheses following specific designations: 

Alexander and Caldwell Counties— Brushy Mountains Game Lands 

Anson Count)' — An s on Gam e Land 

Anson, Montgomery, Richmond and Stanly Counties— Pee Dee River Game Lands (Use of centerfire rifles 

prohibited in that portion in Anson and Richmond counties N. of US-74.) 

Ashe County— Three Top Mountain Game Lands 

Ashe County— Cherokee Game Lands 

Ashe and Watauga Counties— Elk Knob Game Land 

Avery, Buncombe, Burke, Caldwell, Haywood, Henderson, Jackson, Madison, McDowell, Mitchell, 

Transylvania, Watauga and Yancey Counties— Pisgah Game Lands (Harmon Den and Sherwood Bear 

Sanctuaries in Haywood County are closed to hunting raccoon, opossum and wildcat. Training raccoon and 

opossum dogs is prohibited from March 1 to the Monday on or nearest October 15 in that part of Madison 

County north of the French Broad River, south of US 25-70 and west of SR 1319.) 

Bertie— Bertie County Game Land 

Bertie, Halifax and Martin Counties— Roanoke River Wetlands (Hunting is by Permit only. Vehicles are 

prohibited on roads or trails except those operated on official Commission business or by permit holders.) 

Bertie and Washington Counties— Bachelor Bay Game Lands 

Beaufort and Pamlico Counties— Goose Creek Game Land 



10:168 NORTH CAROLINA REGISTER November 15, 1995 1956 



PROPOSED RULES 



Brunswick County— Green Swamp Game Land 

Burke and Cleveland Counties— South Mountains Game Lands 

Caldwell, Watauga and Wilkes Counties— Yadkin Game Land 

Carteret, Craven and Jones Counties— Croatan Game Lands 

Chatham County— Chatham Game Land 

Chatham, Durham, Orange, and Wake Counties— Jordan Game Lands (On areas posted as "archery zones" 

hunting is limited to bow and arrow. Horseback riding, including all equine species, is prohibited. Target 

shooting is prohibited.) 

Chatham and Wake Counties— Shearon Harris Game Land 

Cherokee, Clay, Graham, Jackson, Macon, Swain and Transylvania Counties— Nantahala Game Lands. 

Raccoon and opossum may be hunted only from sunset Friday until sunrise on Saturday and from sunset until 

12:00 midnight on Saturday on Fires Creek Bear Sanctuary in Clay County and in that part of Cherokee County 

north of US 64 and NC 294, east of Persimmon Creek and Hiwassee Lake, south of Hiwassee Lake and west 

of Nottely River; in the same part of Cherokee County dog training is prohibited from March 1 to the Monday 

on or nearest October 15. It is unlawful to train dogs or allow dogs to run unleased on any game land in 

Graham County between March 1 and the Monday on or nearest October 15. 

Chowan County-Chowan Game Land 

Cleveland County— Gardner- Webb Game Land 

Craven County— Neuse River Game Land 

Currituck County— North River Game Land 

Currituck County— Northwest River Marsh Game Land 

Dare County-Dare Game Land (No hunting on posted parts of bombing range. The use and training of dogs 

is prohibited from March 1 through June 30.) 

Davidson, Davie, Montgomery, Rowan and Stanly Counties— Alcoa Game Land 

Davidson County— Linwood Game Land 

Davidson, Montgomery and Randolph Counties— Uwharrie Game Land 

Duplin and Pender Counties— Angola Bay Game Land Land, deer of either sex may be taken from the first 

Wednesday after Thanksgiving through January 1 

Durham, Granville and Wake Counties— Butner-Falls of Neuse Game Land (Horseback riding, including all 

equine species, is prohibited. Target shooting is prohibited.) 

Gates County— Chowan Swamp Game Land 

Henderson, Polk and Rutherford Counties— Green River Game Lands 

Hyde County— Gull Rock Game Land 

Hyde County— Pungo River Game Land 

Hyde and Tyrrell Counties— New Lake Game Land 

Jones and Onslow Counties— Hofmann Forest Game Land 

Lee County— Lee Game Land 

McDowell and Rutherford Counties— Dysartsville Game Lands 

Moore County— Moore Game Land 

New Hanover County—Sutton Lake Game Land 

Pender County— Northeast Cape Fear Game Land 

Person County— Person Game Land 

Transylvania County— Toxaway Game Land (Deer of either sex may be taken with any legal weapon a bow and 

arrow on the Saturday prior to the first segment of the Western bow and arrow season by participants of the 

Disabled Sportsman Program.) 

Tyrrell and Washington Counties— Lantern Acres Game Land 

Vance County— Vance Game Land. (The use of dogs, centerfire rifles and handguns for hunting deer is 

prohibited on the Nutbush Peninsula tract of Vance Game Lands.) 

Wilkes County-Thurmond Chatham Game Land (Deer of either sex may be taken with bow and arrow on the 

Saturday prior to Northwestern bow and arrow season by participants of the Disabled Sportsman Program.) 
(4) Deer of either sex may be taken on the hunt dates indicated by holders of permits to participate in managed hunts 

scheduled and conducted in accordance with this Subparagraph on the game lands or portions of game lands 
included in the following schedule: 

Thursday and Friday of the week before Thanksgiving Week: 
Sandhills east of US 1 
Sandhills west of US 1 
Application forms for permits to participate in managed deer hunts on game lands, together with pertinent 



1957 NORTH CAROLINA REGISTER November 15, 1995 10.16B 



PROPOSED RULES 



information and instructions, may be obtained from hunting and fishing license agents and from the Wildlife 
Resources Commission. Completed applications must be received by the Commission not later than the first day 
of September next preceding the dates of hunt. Permits are issued by random computer selection, are mailed to 
the permittees prior to the hunt, and are nontransferable. A hunter making a kill must tag the deer and report 
the kill to a wildlife cooperator agent. 
(5) The following game land and refuges are closed to all hunting except to those individuals who have obtained a 
valid and current permit from the Wildlife Resources Commission: 

Bertie, Halifax and Martin Counties— Roanoke River Wetlands 

Bertie County— Roanoke River National Wildlife Refuge 

Burke County— John's River Waterfowl Refuge 

Dare County— Dare Game Lands (Those parts of bombing range posted against hunting) 

Davie— Hunting Creek Swamp Waterfowl Refuge 

Gaston, Lincoln and Mecklenburg Counties— Cowan's Ford Waterfowl Refuge. 

Statutory Authority G.S. 113-134; 113-264; 113-291.2; 113-291.5; 113-305. 

.0004 FISHING ON GAME LANDS 

(a) Generally. Except as otherwise indicated herein, fishing on game lands which are open to fishing shall be in 
accordance with the statewide regulations. All game lands are open to public fishing except restocked ponds on th e Now 
Hope Gamo Land when posted against fishing, Hunting Creek Swamp Waterfowl Refuge, Grogan Creek in Transylvania 
County, and in the case of private ponds where fishing may be prohibited by the owners thereof. No trotline or set-hook or 
any net, trap, gig, bow and arrow or other special fishing device of a type mentioned in 15A NCAC IOC .0403 may be used 
in any of the impounded waters located on the Sandhills Game Land. Th e gam e lands lio e ns e i o r e quir e d to fish on 
designated public mountain trout waters on gamo lands. 

(b) Designated Public Mountain Trout Waters 

(1) Fishing Hours. It is unlawful to fish in designated public mountain trout waters on any game land from one-half 
hour after sunset to one-half hour before sunrise, except in Hatchery Supported Trout waters as stated in 15A 
NCAC 10C .0305(a), Delayed Harvest waters as stated in 15A NCAC 10C .0205(a)(5), and in the game lands 
sections of the Nantahala River located downstream from the Swain County line. 

(2) Location. All waters located on the game lands listed in this Subparagraph are designated public mountain trout 
waters except Cherokee Lake, Grogan Creek, and Big Laurel Creek downstream from the US 25-70 bridge to 
the French Broad River, Pigeon River downstream of Waterville Reservoir to Tennessee line, Nolichucky River, 
and Mill Ridge Pond and Cheoah River downstream of Santeetlah Reservoir. 

Three Top Mountain Game Land, Ashe County 

Nantahala National Forest Game Lands in the Counties of Cherokee, Clay, Graham, Jackson, Macon, Swain and 

Transylvania 

Pisgah National Forest Game Lands in the Counties of Avery, Buncombe, Burke, Caldwell, Haywood, 

Henderson, Madison, McDowell, Mitchell, Transylvania and Yancey 

South Mountains Game Land in Burke County 

Thurmond Chatham Game Land in Wilkes County 

Toxaway Game Land in Transylvania County 

(3) All designated public mountain trout waters located on the game lands listed in Subparagraph (b)(2) of this Rule 
are wild trout waters unless classified otherwise. [See 15A NCAC 10C .0205(a)(1)]. 

Statutory Authority G.S. 113-134; 113-264; 113-272; 113-292; 113-305. 

Proposed Effective Date: May 1, 1996. 



****************** 



Notice is hereby given in accordance with G.S. A Public Hearing will be conducted at 1:00 p.m. and 7:00 

150B-21.2 that the EHNR - Radiation Protection p.m. on January 9, 1996 at the Division of Radiation 

Commission intends to amend rule cited as ISA NCAC 11 Protection, 3825 Barrett Drive, Room 101 , Raleigh, NC 

.0349. 27609. 

Temporary: This Rule was filed as a temporary amendment Reason for Proposed Action: Amendment is needed to 

effective November 22, 1995 for a period of 180 days or avoid imminent disruption of conventional waste treatment 

until the permanent rule becomes effective, whichever is systems required for protection of public surface waters at 

sooner. two nuclear power plants. This amendment will allow 



10.16B NORTH CAROLINA REGISTER November 15, 1995 1958 



PROPOSED RULES 



removal and disposal of slightly contaminated sludges as 
required for proper operation of these systems at the two 
nuclear power plants. 

Comment Procedures: Written comments may be submitted 
to the Division of Radiation Protection, Mr. Richard M. Fry, 
P.O. Box 27687, Raleigh, NC 27611-7687. Written 
comments will be received until February 9, 1996. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 11 - RADIATION PROTECTION 

SECTION .0300 - LICENSING OF 
RADIOACTIVE MATERIAL 

.0349 EXEMPTIONS: WASTE MANAGEMENT 
BY GENERATORS 

(a) Subject to the limitations in Paragraphs (b) and (c) of 
this Rule, any licensee is exempt from the provisions of 
G.S. KWE-o.l^andG.S. 104E-10.1, G.S. 104E-20(b), G.S. 
I04E-25, and G.S. 104E-26 with respect to the following 
waste management practices: 

( 1 ) storage of waste incidental to transfer to a 
licensed low-level radioactive waste facility 
authorized to receive such waste; 
storage of waste to allow for total decay of 
contained radioactive material prior to disposal 
as nonradioactive waste; 

storage of waste to allow for partial decay of 
contained radioactive material prior to disposal, 
incineration or other treatment; or 
compaction, incineration, treatment, packaging 
or disposal of waste as provided in the rules in 
Section . 1600 of this Chapter. 

(b) Except as provided in Paragraph (c) of this Rule, the 
exemptions in Paragraph (a) of this Rule shall apply only to 
a licensee: 

( 1 ) who possesses and uses radioactive material 
pursuant to specific licenses issued by the 
agency and only to management by the licensee 
of waste generated incidental to such possession 
and use; 

who is determined by the agency to be using 
sound waste management practices; 
who is determined by the agency to be managing 
such low volumes or activity of waste that such 
exemptions will not endanger the public health 
or safety or the environment; and 
whose combined waste management activities do 
not cause a radiation dose to the off-site public 
in excess of the limits stated in Rule .1223 of 
this Chapter. 

(c) The exemptions in Paragraph (a) of this Rule shall 
also apply to on-site disposal of waste by persons who 
generate waste pursuant to a license issued by the U.S. 



(2) 



(3) 



(4) 



(2) 

(3) 

(4) 



Nuclear Regulatory Commission, provided that: 

(1) the U.S. Nuclear Regulatory Commission deter- 
mines that such on-site disposal is subject to 
regulation by the agency; 

(2) such persons satisfy the requirements in Sub- 
paragraphs (b)(2) and (b)(3) of this Rule; 

(3) such persons do not receive waste, generated by 
others or generated at other sites for the purpose 
of disposal; 

(4) such persons shall limit off-site dose to the 
public, resulting from all activities authorized by 
the agency and the U.S. Nuclear Regulatory 
Commission, to the limits stated in Rule .1223 
of this Chapter or as prescribed by the U.S. 
Nuclear Regulatory Commission, 10 CFR Part 
50 for U.S. Nuclear Regulatory Commission 
regulated activities, whichever is more restric- 
tive; and 

(5) such persons apply for and receive a specific 
radioactive material license, issued by the 
agency pursuant to the rules in this Section, 
which authorizes such disposal pursuant to Rule 
.1628 of this Chapter^ and 

(6) such persons provide notification to the agency 
prior to each disposal made pursuant to any 
radioactive material license described in Sub- 
paragraph (c)(5) of this Rule. 

Statutory Authority G.S. 104E-7(a)(10). 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for Health 
Sen'ices (EHNR-Solid Waste Section) intends to amend rules 
cited as 15A NCAC 13B . 1401 - .1409; and repeal rules 
cited as 15 A NCAC 13B .0901 - .0905. 

Proposed Effective Date: April 1, 1996. 

A Public Hearing will be conducted at 1:30 pm on January 
18, 1996 at the Archdale Building, Ground Floor Hearing 
Room, 512 North Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: To meet federal requirements 
under 40 CFR 501 and 503 and to include standards for 
composting source separated organics. 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearing. Written 
comments may be presented at die public hearing or submit- 
ted to Grady L. Balentine, Department of Justice, PO Box 
629, Raleigh, NC 27602-0629. All written comments must 
be received by January 18, 1996. Persons who wish to 
speak at the hearing should contact Mr. Balentine at (919) 
733-4618. Persons who call in advance of the hearing will 
be given priority on the speaker's list. Oral presentation 



1959 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



lengths may be limited depending on the number of people 
that wish to speak at the public hearing. Only persons who 
have made comments at a public hearing or who have 
submitted written comments will be allowed to speak at the 
Commission meeting. Comments made at the Commission 
meeting must either clarify previous comments or proposed 
changes from staff pursuant to comments made during the 
public hearing process. 

It is very important that all interested and poten- 
tially affected persons, GROUPS, BUSINESSES, ASSOCIA- 
TIONS, INSTITUTIONS OR AGENCIES MAKE THEIR VIEWS AND 
OPINIONS KNOWN TO THE COMMISSION FOR HEALTH SERVICES 
THROUGH THE PUBLIC HEARING AND COMMENT PROCESS, 
WHETHER THEY SUPPORT OR OPPOSE ANY OR ALL PROVISIONS 
OF THE PROPOSED RULES. THE COMMISSION MAY MAKE 
CHANGES TO THE RULES AT THE COMMISSION MEETING IF 
THE CHANGES COMPLY WITH G.S. 150B-21.2(F). 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 13 - SOLID WASTE MANAGEMENT 

SUBCHAPTER 13B - SOLID WASTE 
MANAGEMENT 

SECTION .0900 - YARD WASTE FACILITIES 

.0901 PROCEDURE FOR PERMrT 

(e) — All persons other than thoso listed in Rulo .0902(2) 
ar e required to obtain a p e rmit from th e Division to acc e pt, 
store, or oompoot yard wast e . — Application and operational 
requirements shall bo in accordance with Rules .0903 and 
.090 4 of this Section. 

(b) — The seal of a prof e ssional onginoor is not r e quir e d 
wh e n submitting piano for a Yard Wast e Facility p e rmit. — A 
minimum of throe sots of plans shall bo submitted with in 
each application. 

Statutory Authority G.S. 130A-294; 130A-309.il. 

.0902 APPLICABILITY FOR YARD WASTE 
FACILITY 

As of January 1, 1993, disposal of yard trash in a sanitary 



m- 



mixod with yard waste. 

Activiti e s not requiring a p e rmit. — A p e rmit is not 
r e quir e d for th e following operations: 
— Backyard Composting. 



W 

(b) Farming operations whore the compost is pro 

ducod from mat e rials grown on th e owners land 
and is r e us e d on th e owner's land or in other 
farming operations and not offered to tho public. 

(e) Facilities processing and storing loss than 6,000 

oubio yards of mat e rial quart e rly, m ee ting tho 
following conditions: 
ft) — Notification of th e Solid Wa3to Section on an 
annual basis as to: 

(A) Faoility looation; 

(-B) Nam e of own e r and op e rator: 

(C) Address of owner and operator: 

(©) Phono number of owner and operator; 

(43} Typ e of wast e r e c e iv e d; 

(F) Amount of wast e r e ooivod; 

{G) Composting proc e ss to bo used; and 

(44) Intended distribution of tho finished prod 

(+i) — Agr ee m e nt — te — op e rat e — « — aooordanoo — with 
operational requirements as sot forth in Rulo 
.090 4 of this Section, oxcopt for .090 4 (7). 

(+h) — Faoility op e rat e s in accordanc e with all oth e r 
stat e or looal laws, ordinanc e s, rul e s, r e gula 
tions or orders. 

(4v) — Facility is not located over closed out disposal 



&- 



Faciliti e s — storing or producing — mulch — from 



untroatod wood waste which moot tho following 

conditions: 

— Facility is not locat e d ov e r clos e d out disposal 



& 






(h) — No more than one aero of land is utilized for 
storage of mulch; 

fiii) — Aoo e ss to fire equipm e nt or fir e fighting s e r 
vioes is provided; and 

(tv) — Safety measures aro takon to prevent firos. 

Statutory Authority G.S. 130A-309.10; 130A-309.il. 

.0903 APPLICATION REQUIREMENTS FOR 
YARD WASTE FACILITIES 

landfill s hall be prohibited; however, yard trash which has (a) Siting for a yard wast e faoility shall me e t th e follow 



boon separated may bo accepted at a sanitary landfill whore ing standards: 



th e faoility provid e s and maintains a s e parat e yard waste 

composting ar e a. 

H) Applicability. — A permit is required for the con 

struction and operation of facilities for yard wasto 
whioh proooos and stor e mor e than 6,000 oubio 
yards of mat e rial quart e rly. — Yard wast e may b e 
compo s ted with agricultural waste and s ilvicultural 
wasto as dofinod in Rulo .0101 of this Section. 
Th e Division do e s not r e gulate th e oomposting of 
agricultural wast e and s ilvicultur e wast e , unl e ss 



(4-) A site located in a flood plain shall not restrict 

the flow of the 100 year flood; 

A sit e shall b e maintain e d and op e rat e d in a 



m- 



mann e r whioh will prot e ct th e assign e d wat e r 

quality — s tandard s — of tho s urface water s and 

ground waters; 
(3-) A 50 foot minimum buff e r will b e r e quir e d 

b e tw ee n all property lin e s and compost pad or 

storago area; 
(4) A 200 foot minimum buffer will be required 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1960 



PROPOSED RULES 



between compost pad or storage ) area and rosi 

dono e o or dw e llingo; 
(§} A 200 foot minimum buffer will bo required 

botwoon streams and rivors and compost pad or 

storage aroa; 
(6} A 25 foot minimum diotano e will bo r e quir e d 

betw ee n oompoot ar e as and owalos or b e rm s-te 

allow for adequate accoss of fire fighting equip 

mont; 
f?-) Bottom elevation of compost pad and storag e 

areas shall bo a minimum of two f ee t abov e 

seasonal high water table; 
<-84 A site shall comply with all of the requirements 

of th e local zoning ordinanc e ; 
f^ A cite shall meet the r e quir e m e nts of th e S e di 

mentation Pollution Control Law (15A NCAC 

4* 
<4&) Access to the sit e for motor vehicl e s shall b e 

controll e d through the us e of f e no e s, — gat e s. 

berms, natural barriers, or other moans; 
H-h A site shall not bo located within any wetland as 

defin e d in tho Cl e an Wat e r Act, S e ction ■ lOITb): 
(43-) Facility is not located ov e r clos e d out disposal 



Alternative buffers for an indoor facility may bo approved 
on a case by cas e basis. 

fb) — Th e following information shall b e r e quir e d for 
reviewing an application for a yard waste facility: 

<-H An aerial photograph or map on a scale of at 

l e ast on e inch e quals 100 ft. accurat e ly showing 
tho ar e a within on e fourth mil e of th e propos e d 
site's boundaries with tho following sp e cifically 
identified : 
yV) — Entir e property own e d or l e as e d by th e p e rson 

proposing th e facility; 
f£} — Land use and zoning; 
fC-> — Location of all homes, industrial building s . 



(©) 



public or privat e utiliti e s, and roads; 
Location of w e lls, wat e rcours e s, dry runs, and 



other applicable details regarding the general 



(3)- 



topography. 
A sit e plan on a scal e of at l e ast on e inch e quals 



200 f ee t showing propos e d ar e as for; 
— Receiving; 



(A) 

f©4 
m 



Processing/staging; 

Production; 

Curing and s torag e ; 

Access controls; 

De s cription of drainage characteristics identify 

ing both sit e run on and run off. ditche s , and 

run off controls; 

Access road; 



(4+) — Existing/Proposed contours (5' intervals). 

f£) A writt e n r e port that contains th e following: 

fA-) — Anticipat e d typ e , sourc e , and composition of 

waste to bo received; 
(-B-) — Provi s ions to maintain a clean and orderly 



operation: 

$) Eff e ctiv e barri e r to pr e v e nt unauthorized 

e ntry and dumping; 

f«-) Signs posted with name of ownor, opera 

tor. contact person and number in case of 
e mergency and hours of operation; 

(«+} Dust control measures; 

(w) Litter control measures; 

(v) Fire protection and control measures; and 

fv+) Odor oontrol m e asur e s and practic e s; 

fG) — Designed capacity of th e facility'; 
<-D) — Composting time duration, time from initiation 
of tho compo s ting process to completion and 
distribution; 
fE} — For static pile composting, typical windrow 

con s truction and aeration configurations; 
fF-) — Method of aeration, — including turning fro 
qu e noy or m e chanical a e ration e quipm e nt and 
a e ration capacity; 
f&) — For in vessel composting systems, a process 
flow diagram of tho entire process, including 
all major e quipment and flow str e ams; 
(H) P e rsonn e l r e quir e d and th e ir r e sponsibiliti e s; 
(J-) — A description and an identification of the 
surface for the proposed site. area, and depth 
to seasonal high ground wat e r: 
(4) — A d e scription of th e composting pad; 
{Kj — A description of any monitoring that will occur 
involving tho composting process or the site; 
ft) — Sources of wast e input. 



t4) An op e rational plan which contain s th e follow 



tftgr 

<-Aj — Explanation of 



daily operation and mainte 






fF+- 
t&r- 



nonc e ; 

Propos e d e quipm e nt; 

Person — responsible — fef — operation. — contact 

phone number, and address of facility; 

Control and insp e ction of incoming wast e ; 

M e thod of m e asuring incoming wa s t e ; 

Vehicle control and unloading; 



Method and sequence of processing the waste; 
L e achat e and run off control measur e s (swal e s. 
gro e nways, ditch e s, e tc.); 
<4) — Description of ultimate use for finished com 

(4) — Plan for back up syst e m if poor quality prod 
uct produced or chang e in mark e t conditions 
develop. 

Statutory Authority G.S. 130A-309.il. 

.0904 OPERATIONAL REQUIREMENTS FOR 
YARD WASTE FACILITIES 

Any p e rson who maintains or op e rat e s a yard wast e 
facility shall maintain and op e rat e th e s it e in accordance 
with the following practices, unless otherwise specified in 
the pcrm rtr 



1961 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



ft) Plan and Permit Roquiromonto: 

(a) Construction plans and oonditions of p e rmit sh aU 

bo follow e d. 
(b) A copy of tho permit, plans, and operational 

roportg shall bo available at all timoa. 
(e) Faoility shall bo operat e d in a mann e r to oontrol 

vootoro. 
(d) Tho amount of compost or mulch stored at tho 

facility shall not exceed tho designed storage 

oapaoity. 
(e) Only yard waoto and agricultural waste, oilvioul 

turo waste or untreated wood waste may bo 

accepted at tho facility. 
(f) If solid waoto oth e r than yard wast e , agricultural 

waoto, silviculture wast e , or wast e approv e d by 

tho Division is loft at tho facility, it shall bo 

separated and stored in a manner that prev e nts 

vootor probl e ms and shall b e r e mov e d within 

seven days. 
(g) Particle sizo of larger trash items such as limbs, 

trees, and stumps shall bo reduced to promote 

oomposting. 

Yard wast e muot b e r e mov e d from contain e rs, 



&h 



unless tho containers, bags, or another material 

has boon approved by tho Section. 
(i) Compost muot bo aerat e d to maintain e l e vat e d 

temp e ratur e s which will produoe a pathog e n fr ee 

compost product. 
(j) Methods of oomposting which result in aorobic 

biooh e mioal d e gradation of th e organio mat e rial 

r e c e iv e d shall b e follow e d. 
(k-) Windrow construction and turning frequency 

shall bo sufficient to maintain aerobic conditions 

to produoo a oompost produot in th e d e sir e d tim e 

fram e . 
(1) Compost shall receive final aeration upon com 

plotion of composting cycle to ensure stability 

b e for e distribution. 
(m) Compost area s shall not bo looatod on Soil 

Group I — Sandy Toxturo Soils (sand and loamy 

sand), unless otherwise approved by tho Depart 

m e nt. 



<h)- 



Odors shall be controll e d and 



iz s d. 



lors snail oe controll e d ana minimi; 

Static pile s must bo turned at loa3t onco during 

a 12 month interval. 
(p) Compost prooooo ohall b e maintain e d at 55 

d e gr ee o C e lsius (131 d e gre e s F) for 4 8 to 96 

hours (dopondont upon wasto stream). 
(q) Nitrogen bearing wasto (grass clippings, etc.) 

shall b e incorporat e d into pil e s within 1 8 hour of 

on sit e arrival. 

(3) Drainage Control Requirements: 

(a) Surface water shall bo diverted from tho opera 

tional ar e a. 

(b) Windrows shall b e oonotruot e d parall e l to grade. 

(e) Tho site bo graded to prevent ponding in active 

composting areas. 



(3^ Water Protection Requirements: Loachato shall bo 

prop e rly managed on oit e through beot manag e 
m e nt praotio e o. — Wh e n noooooary, a non diooharg o 
or an NPDES permit may bo roquirod for disposal 
of any collected loachato. 

(4) Aoo e oo and S e ourity R e quir e ments: 

(a) Th e sit e shall b e s e our e d by m e ans of gatoo, 

chains, borms, foncos, or other security moa 
suros approved by tho Division, — to prevent 
unauthorized e ntry. 

(b) T-he — aoo e oo — read — te — the — site — shaH — be — of 

all weather construction and maintained in good 
condition. 
(5) Sign R e quir e m e nts: 



(ft) Signs ohall — provide — informati on — en — own e r, 

operator, contact porson and number in case of 
emergency, and tho hours during which tho site 
is open for publio use. 

(b) Traffio s igns or mark e rs shall b e provided ao 

necessary to promote an orderly traffic pattern to 
and from tho discharge area and to maintain 
e ffioi e nt op e rating oonditions. 

(e) Signs shall b e post e d stating that only yard wasto 

can bo received at tho sito. 
Safety Requirements: 

(a) Op e n burning of solid wast e ohall be prohibit e d. 

(b) Equipm e nt shall be provid e d to oontrol aooiden 

tal firos or arrangements shall bo made with tho 
local — fire protection agency — to immediately 
provid e fir e fighting norvio e s wh e n n ee d e d. 

(e) Spao e shall b e provid e d b e tw ee n piles to allow 



(6)- 



access for vehicles, including firo equipment. 
f?) Monitoring and Reporting Requirements: 



(*)- 



(te)- 



Monitoring — (inoluding — groundwater, — s urfao e 
wat e r, wast e compon e nts, soil, or plant tissu e 
analyses) may bo roquirod based on a case by 
case evaluation to insure protection of tho onvi 
ronm e nt. 



An annual r e port must bo oubmitt e d to th e 
Division which includes tho following informa 

(i) — Souroo s , typ e , quantity (by weight or volum e ) 

of wast e r e c e iv e d at th e faoility; 
(ii) — Tho turning frequency (if applicable) and tho 

timing and amount of water addition (if appli 

cable); 
(iii) — Sampling of temperature duration and ohang e o 

during composting (if applicable); 
(iv) — Tho quantity, by woight or volume, of com 

post or muloh produood; 
(v) — Th e quantity, by w e ight or volume, of oom 

post or mulch removed from tho faoility; 
(vi) — A description of tho end product and distribu 

tion or disposal. 

Statutory Authority G.S. 130A-309.il. 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1962 



PROPOSED RULES 



.0905 COMPOST CLASSIFICATION AND 
DISTRIBUTION 



(~b) The provisions of this Rule Section do not apply to 
compost facilities which compost tr e atment and prooosoing 



fa-) — Compost mad e from yard wast e or yard wast e and wast e s, — industrial — process — wast e s, — agricultural — wastoo. 



residues from agricultural products and processing or sludge 
with municipal solid waste functioning only as a bulking 
agent. 
oauso injur)' to persons handling th e compost, shall hav e (o) Th e provisions of this Rul e do not apply to compost 



agricultural waste or yard waste and silviculture waste 
which — contains no pathogenic — organism, — is free from 
offensive odor, and contains no sharp particles which would 



unrestricted applications and distribution if directions are 
provided with the compost product. 

(b) If th e composting proc e ss contained animal manur e s, 
and th e owner intends to sell th e product ao a f e rtiliz e r, th e 
applicant must register with the North Carolina Department 
of Agriculture, Fertilizer Section. 



Statutory Authority G.S. 130A-309.il. 



SECTION .1400 



SOLID WASTE (SW) COMPOST 
FACILITIES 



.1401 REQUIREMENT FOR PERMIT 

(a) All persons whose purpose is or includes the produc- 
tion of compost from municipal solid waste or munieipal 
solid waste co-composted with other wastes shall not 
construct, operate, expand or modify a facility until a 
currently valid permit for a municipal solid waste compost 
facility is issued by the Division. This provision also 
applies to facilities that accept, store, or produce compost or 
mulch from yard waste or from residues from agricultural 
products and processing. General Provisions, Siting, 
design, application, operational, distribution, and reporting 
requirements shall be in accordance with Rules .1402, 
.1403, .1404, .1405, .1406, .1407, and .1408 of this 
Section. 

(b) In accordance with 15A NCAC 13B .0202(a)(3), the 
seal of a professional engineer is required when submitting 
plans for a Municipal Solid Waste Compost Facility Permit. 
Permit, unless otherwise stated in this Section. A minimum 
of four sets of plans shall be submitted within each applica- 
tion. 

Statutory Authority G.S. 130A-309.il. 

.1402 GENERAL PROVISIONS FOR SW 
COMPOST FACILITIES 

(a) Applicability. The provisions of this Rule apply to 
compost facilities which that compost municipal solid waste 
or co-compost municipal solid waste with any — of th e 
following: — treatment and processing wastes, yard waste, 
industrial process wastes, agricultural waste, residues from 
agricultural products and proc e ssing, or sludg e sludges that 
are not classified as a solid waste, functioning as a nitrog e n 
nutrient source. Facilities which that co-compost with 
sludge shall comply with all other applicable Federal or state 
regulations regarding sludge management at 40 CFR 501 
and 503. Copies of the Code of Federal Regulations may 
be obtained from the Solid Waste Section at 401 Oberlin 
Road, Suite 150, Raleigh, NC 27605 at no cost. 



facilities operated in accordance with the requirements for 
Yard Waste Facilities in Section .0900 of this Subchapter. 

(c) fd) Munieipal Solid Waste Compost Facilities which 
have been permitted prior to the effective date of this Rule 
shall meet the requirements of this Rule by December 1 . 
1992 within 90 days of the effective date of this Rule . 

(d) (e) Municipal solid Solid waste compost products 
produced outside the State of North Carolina and imported 
into the state shall comply with the requirements specified 
in Rule .1407 of this Section. 

(e) (f) Municipal solid wast e compost shall count towards 
goals for th e r e duction of munieipal solid waste prior to 
final disposal or incineration at a solid waste disposal 
facility as long as the final product i s used or sold based 
upon th e classification and distribution sch e me outlin e d in 
Rul e .M07 of this S e ction. Compost which that is disposed 
ef shall not count toward waste reduction or recycling goals. 

£f) Solid waste compost facilities shall be classified based 
on the types and amounts of materials to be composted. 

(1) Type 1 facilities may receive yard and garden 
waste, vegetative agricultural waste, silvicultural 
waste, untreated and unpainted wood waste or 
any combination thereof. 

(2) Type 2 facilities may receive pre-consumer 
meat-free food processing waste, source sepa- 
rated paper or other source separated specialty 
wastes, or any combination thereof that the 
Division considers to be low in pathogens and 
physical contaminants. Waste acceptable for a 
Type J^ facility may be composted at a Type 2 
facility. 

(3) Type 3 facilities may receive manures and other 
agricultural waste, meat, post consumer-source 
separated food wastes and other source separated 
speciality wastes or any combination thereof that 
the Division considers to be relatively low in 
physical contaminants, but may have high levels 
of pathogens. Waste acceptable for a Type \_ or 
2 facility may be composted at a Type 2 facility. 

(4) Type 4 facilities may receive mixed municipal 
solid waste, post collection separated or pro- 
cessed waste, industrial solid waste, non solid 
waste sludges functioning as a nutrient source or 
other similar compostable organic wastes or any 
combination thereof. Waste acceptable for a 
Type U 2 or 3 facility may be composted at a 
Type 4 facility. 

(5) Small facilities are those that receive less than 
1000 cubic yards of material for composting per 
quarter, and occupy less than two acres of land. 



1963 



NORTH CAROLINA REGISTER 



November 15, 1995 10:16B 



PROPOSED RULES 



(6) Large facilities are those that receive 1000 cubic 
yards or more of material for composting per 
quarter or occupy two acres or more of land, 
(g) A permit is not required for the following operations: 



ill 
ill 



01 



(A) 



Backyard Composting. 

Farming operations and silvicultural operations 
where the compost is produced from materials 
grown on the owner's land and re-used on the 
owner's land or in his associated farming opera- 
tions and not offered to the public. 
Type 1 Facilities processing and storing less 
than 6,000 cubic yards of yard waste quarterly, 
meeting the following conditions: 
Notification of the Solid Waste Section prior to 
operation and on an annual basis as to^ 



ill 

Gil 

fiii) 
fiyl 
LY) 



Facility location; 
Name, address and 
owner and operator; 



phone number of 



Type and amount of wastes received; 
Composting process to be used; and 
Intended distribution of the finished prod- 
uct. 

(B) Agreement to operate in accordance with 
operational requirements as set forth in Rule 
.1406(a) and the setbacks in Rule . 1404(a)(1) -_ 
(9) of this Section. 

(C) Facility operates in accordance with all other 
state or local laws, ordinances, rules, regula- 
tions or orders. 

(D) Facility is not located over closed-out disposal 
site. 

(4) Facilities storing or producing mulch from 
untreated wood waste which meet the following 
conditions: 

(A) Facility is not located over closed-out disposal 
site; 

(B) No more than one acre of land is utilized for 
storage and production of mulch; 

(C) Access to fire equipment or fire-fighting ser- 
vices is provided; and 

(D) Safety measures are taken to prevent fires. 

Statutory Authority G.S. U0A-309.il. 



.1403 



(a) 



GENERAL PROHIBITIONS FOR SW 
COMPOST FACILITIES 

Neither hazardous waste nor Hazardouo waot e . 



asbestos containing waste or housohold hazardous waste 
shall set be accepted at a facility or processed into compost. 

(b) Household hazardous waste shall not be accepted by 
a facility, except in an area designated by facility site plans 
for storage, and shall not be processed into compost. 

(c) fte} Any compost made from municipal solid waste 
which cannot be used pursuant to the requirements of this 
Rule shall be reprocessed or disposed of pursuant to the 
requirements of 15 A NCAC 13B. 



Statutory Authority G.S. 130A-309.il. 

.1404 SITING/DESIGN REQUIREMENTS FOR SW 
COMPOST FACILrriES 

Facilities shall comply with the following siting and design 
r e quirem e nts: 

(a) (4} A site shall meet the following siting requirements 
at the time of initial permitting and shall continue to meet 
these requirements throughout the life of the permit only on 
the property owned or controlled by the applicant at the time 
of permitting: 

(1) (e) A site located in a floodplain shall not fe- 
strict tho flow of the be located in a 100-year 
flood; floodplain. roduoo th e t e mporary otorago 
oapaoity of th e floodplain or r e sult in washout of 
solid waste so as to poso a hazard to human life, 
wildlife, land or water rosourcos; 

(2) (b) A 100-foot minimum buffer will be required 
between all property lines and compost ar e as. 
areas for Large and Type 3 and 4 facilities, 50- 
foot for Small Type i or 2 facilities. 

(3) (e) A 500-foot minimum buffer will be required 
between compost areas and residences or dw e ll 
ings; dwellings not occupied by the permittee. 

(4) A 200-foot minimum buffer will be required 
between compost areas and residences or dwell- 
ings not occupied by the permittee for Small 
Type I or 2 facilities. 

(5) A 100-foot minimum buffer will be required 
between all wells and compost areas, except 
monitoring wells. 

(6) (d) A 50-foot minimum buffer will be required 
between perennial streams/rivers and compost 
ar e as; areas. 

(7) (e) A compost facility shall not be located in the 
watershed of a Class WS-I stream or the water 
quality critical area of a Class WS-II, WS-III, or 
WS-IV stream. A site shall not b e looat e d ov e r 
a olos e d out disposal ar e a, unl e ss a pad is d e 
signed over tho area; 

(8) Facilities located over closed-out disposal areas 
shall be designed with a pad adequate to protect 
the disposal area cap from being disturbed and 
there shall be no runoff from the pad onto the 
cap or side slopes of the closed out facility. 

(9) A 25-foot minimum distance will be required 
between compost areas and swales or berms to 
allow for adequate access of fire fighting equip- 
ment. 

10) (f) A site shall meet the following surface water 
requirements: 

(A) (t) A site shall not cause a discharge of materi- 
als or fill materials into waters or wetlands of 
the state that is in violation of Section 404 of 
the Clean Water Act; 

(B) («) A site shall not cause a discharge of pollut- 
ants into waters of the state that is in violation 



10.16B 



NORTH CAROLINA REGISTER 



November 15. 1995 1964 



PROPOSED RULES 



of the requirements of the National Pollutant 
Discharge Elimination System (NPDES), under 
Section 402 of the Clean Water Act; and 
(C) fi+i-> A site shall not cause non-point source 
pollution of waters of the state that violates 
assigned water quality standards, standards; 
(11) fg) A site shall meet the following groundwater 
requirements: 

(A) (*) A site shall not contravene groundwater 
standards as established under 15A NCAC 2L; 

(B) f«4 Th e bottom e l e vation of the composting 
and storage areas shall be a minimum of three 
fcot above the seasonal — high water table. 
Portions of a site used for waste receipt and 
storage, active composting, curing, and com- 
post storage shall have a soil texture finer than 
loamy sand and, unless a pad is provided, the 
depth to the seasonal high water table shall be 
maintained at least 12 inches for a Type 1 or 
2 facility and 24 inches for a Type 3 facility 
unless a pad is provided; and 

(C) A pad shall be provided for portions of a Type 
4 facility used for waste receiving and storage, 
active composting, curing, and compost stor- 
age. 

(b) f2) For Subparagraphs (44fa4 (a)(2) through f4->fd4 
(a)(4) and (l)(g) Part (a)(10)(B) of this Rule, (dependent 
upon waste type, facility design, and regional topography) 
alternative buffers or requirements may be approved or 
deemed necessary by the Division. 

£c) f34 A site shall meet the following design require- 
ments: 

(1) fa} A site shall not allow uncontrolled public 
access; 

(2) <4>) A site shall meet the requirements of the 
Sedimentation Pollution Control Law (15A 
NCAC 4); 

(3) f&) A site shall meet the requirements of the Air 
Pollution Control Requirements (15A NCAC 
2D) to minimize fugitive emissions and odors; 
and 

(4) fd-) A site shall be designed to minimize nuisanc e 
odors at the property boundary. 

Statutory Authority G. S. 130A-309.il. 

.1405 APPLICATION REQUIREMENTS FOR 
SW COMPOST FACILITIES 

Thi s Rule contain s the information required for a municipal 
solid waste oompost facility. 

(a) The following information is required for reviewing 
an application for the initial permit to construct and operate 
a proposed Small Type L. 2 or 3 solid waste compost 
facility: 

(1) An aerial photograph or scaled drawing, where 
one inch is less than or equal to 400 feet, accu- 
rately showing the area within one-fourth mile of 



the proposed site's boundaries with the following 
specifically identified: 

(A) Entire property owned or leased by the person 
proposing the facility; 

(B) Location of all homes, wells, industrial build- 
ings, public or private utilities; roads; water- 
courses; dry runs; and other applicable infor- 
mation regarding the general topography 
within 500 feet of the proposed facility; and 

(Q Land use zoning of the proposed site. 

(2) A letter from the unit of government having 
zoning jurisdiction over the site which states that 
the proposed use is allowed within the existing 
zoning, if any, and that any necessary zoning 
approval or permit has been obtained. 

(3) A discussion of compliance with siting and 
design standards in Rule . 1404 of this Section . 

(4) A detailed report indicating the following: 

(A) Waste composition characterization, source 
and quantity of the solid waste to be com- 
posted, including the source and expected 
quantity of any bulking agent or amendment (if 
applicable), any expected recycle of bulking 
agent or compost, and any seasonal variations 
in the solid waste type or quantity; and 

(B) For facilities which utilize natural soils as a 
pad, a soil evaluation of the site conducted by 
a soil scientist down to a depth of four feet, or 
to bedrock or evidence of a seasonal high 
watertable, to adequately evaluate the soils and 
depth of the seasonal high water table. 

(5) Site plans at a scale where one inch is less than 
or equal to 100 feet to the inch that delineates 
the following: 

(A) Existing and proposed contours, at intervals 
appropriate to the topography; 

(B) Location and elevations of dikes, trenches, and 
other water control devices and structures for 
the diversion and controlled removal of surface 
water; 

(C) Designated setbacks and property lines; 

(D) Proposed utilities and structures; and 

i_bj Areas tor unloading, processing, active com- 
posting, curing, and storing of material. 

(6) A description of the operation of the facility, 
which must include at a minimum: 

(A) Name, address and phone number for the 
person responsible for the operation of the 
facility; 

(B) List of personnel required and the responsibili- 
ties of each position; 

(C) Operation plan for the facility; 

(D) Special precautions or procedures for operating 
during wind, heavy rain, snow , freezing or 
other adverse conditions; 

(E) A description of actions to be taken to mini- 
mize noise, vectors, air borne particulates, and 



1965 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



odors; and 
(F) A description of the ultimate use for the fin- 
ished compost, method for removal from the 
site, and a contingency plan for disposal or 
alternative usage of residues or finished com- 
post that cannot be used in the expected man- 
ner due to poor quality or change in market 
conditions. 

(7) A report on the design of the facility, including: 

(A) Design capacity of the facility; 

(B) A process flow diagram of the entire facility, 
including the type, size, and location of all 
major equipment, and feedstock flow streams. 
The flow streams shall indicate the quantity of 
materials on a wet weight and volumetric 
basis; 

(C) The technology for measuring, shredding, 
mixing, and proportioning input materials; 

(D) Anticipated process duration, including receiv- 
ing, preparation, composting, curing, and 
distribution; 

(E) A description of the location of all tempera- 
ture, air and any other type of monitoring 
points, and the frequency of monitoring; 

(F) A description of how the temperature control 
and monitoring equipment will demonstrate 
that the facility meets the requirements in Rule 
.1406 Subparagraphs (a)(10), (11), or (T2) of 
this Section, as appropriate for the feedstock; 

(G) The method of supplying and regulating air 
flow, including turning frequency or mechani- 
cal aeration equipment and aeration capacity; 
and 

(H) A description of the method to control surface 
water run-on and run-off; and the method to 
control, collect, treat, and dispose of leachate 
generated. 

(8) A description of the label or other information 
source that meets the requirements of Rule 
.1407(k) of this Section. 

(9) Plans and specifications for the facility, includ- 
ing manufacturer's performance data for all 
equipment selected. 

(10) A detailed operation and maintenance manual 

outlining: 

(A) A quality assurance plan for the process and 
final product which lists the procedures used in 
inspecting incoming material; monitoring, 
sampling and analyzing the compost process 
and final product, testing schedule, and 
recordkeeping requirements; 

(B) Contingency plans detailing corrective or 
remedial action to be taken in the event of 
equipment breakdown; non-conforming waste 
delivered to die facility; spills, and undesirable 
conditions such as fires, vectors and odors; 
and 



(C) A discussion of compliance with operational 
requirements as outlined in Rule .1406 of this 
Section, detailed operational information and 
instruction, an outline of reports to be submit- 
ted in compliance with this Section, and safety 
instructions. 
(1 1) As built drawings where applicable, 

(b) {fy The following information is required for review- 
ing an application for the initial permit to construct a 
proposed munioipal Large or Type 4 solid waste compost 
facility: 

(P («) An aerial photograph or scaled drawing, 
where one inch is less than or equal to 400 feet, 
accurately showing the area within one-fourth of 
the mile of the proposed site's boundaries with 
the following specifically identified: 
(A) ft) Entire property owned or leased by the 

person proposing the site; 
fit) — Land uoo and zoning; 

(iti) — Location of all homos, industrial buildings, 
public or privatoutilitios and roads; 
Looation of w e lls, wat e rcourses, dry run s , and 
oth e r applioabl e — information — regarding — the 



(w)- 



£B) 



gonoral topography; 
Location of all homes. 



wells, industrial build- 
ings, public or private utilities and roads, 
watercourses, dry runs, and other applicable 
information regarding the general topography; 
and 
(C) Land use and zoning of the proposed site. 
fv) Floodplains and w e tlands; and 
fv+) Bench marks. 

(2) (b) A letter from the unit of government having 
zoning jurisdiction over the site which states that 
the proposal m ee ts all of the r e quir e m e nts of th e 
local zoning ordinance, proposed use is allowed 
within the existing zoning, if any and that any 
necessary zoning approval or permit has been 
obtained. 

(3) (e) A discussion of compliance with siting and 
design standards in Rule .1404 Paragraphs (a) 
and (b) of this Section. 

(4) (d) A detailed report indicating the following; 
fH — Population and geographic area to bo served 

(both present and projected); 

(A) (ii) Waste composition characterization, source 
and quantity of the solid waste to be com- 
posted, including the source and expected 
quantity of any bulking agent or amendment (if 
applicable), any expected recycle of bulking 
agent or compost, and any seasonal variations 
in the solid waste type or quantity; 

(B) («*) For facilities which utilize natural soils as 
a liner, pad, a soil evaluation of the site con- 
ducted by a soil scientist down to a depth of 
seven four feet or to bedrock or evidence of a 
seasonal high water table, to adequately evalu- 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1966 



PROPOSED RULES 



ate the soils and depth of the seasonal high 
water tnblo; and table. 
(iv-) The requirements of Subparagrapho (l)(d)(iii) 
of this Rule may bo waived, if the composting 
site ia to bo located at a permitted sanitary 
landfill oito, and the Division d e t e rmin e s th at 
ouffioi e nt hydrogoologio data has pr e viously 
boon submitted as part of t he landfill porrra tr 

(5) fe) Site plans at a scale where one inch is less 
than or equal to 300 100 feet (maximum fiv e 
foot oontouro) to the inch that delineates the 
following: 

(A) ft) Existing and proposed contours, at intervals 
appropriate to the topography; 

(B) fit) Location and elevations of dikes, trenches, 
and other water control devices and structures 
for the diversion and controlled removal of 
surface water; 

(C) (4+44 Designated setbacks, buffer zones and 
property lines; 

fiv-) Diversion and controlled removal of surface 
wat e r; 

(D) fv-) Proposed utilities and structures; 

(E) fvt) Access roads, details on traffic patterns; 

(F) fvtt) Areas for unloading, processing, active 
composting , curing, and storage of municipal 
solid wast e compost; material; 

(G) (viii) Areas for unloading, processing, and 
storing recyclables, household hazardous 
waste, and other materials, where applicable; 

(H) (+*) Proposed surface and groundwater moni- 
toring locations; and 

(I) fx) Direction of prevailing winds; 

(J) Flood plains and wetlands; and 
(K) Benchmarks. 

(6) ff) A description of the operation of the facility, 
which must include at a minimum: 

fi) — Estimat e d daily traffio flow to and from th e 

facility; 
fit) Procedure for unloading trucks; 

(A) Name, address and phone number for the 
person responsible for the operation of the 
facility; 

(B) List of personnel required and the responsibili- 
ties of each position; 

(C) (h4) Arrang e m e nts for th e op e ration Operation 
plan for ef the facility, 

(D) (fv-) Identification of personnel and their re- 
sponsibilities; 

(E) fv) A schedule for operation, including days 
and hours that the facility will be open, prepa- 
rations before opening, and procedures to be 
followed after closing for the day; 

(F) (v+) For mixed waste processing facilities, plan 
for removing recyclables i» from the waste 
stream and a contingency plan for disposal or 
alternative management of recyclables; 



(G) fv+i) For mixed waste processing facilities, 
plan for removing and disposal of household 
hazardous waste ia from the waste stream; 

(H) (viii) Special precautions or procedures for 
operating during wind, heavy rain, snow, 
freezing or other adverse conditions; 
(T) ft*) A description of actions to be taken to 
minimize noise, vectors, air borne particulates, 
and odors; and 

(J) (*) A description of the ultimate use for the 
finished compost, method for removal from 
the site, and a contingency plan for disposal or 
alternative usage of residues or finished com- 
post that cannot be used in the expected man- 
ner due to poor quality or change in market 
conditions; and, conditions. 

f*t) A description of tho label or other informat tee 
sourc e that outlin e s th e typ e of wast e oontrib 
uting to th e compost, a list of proj e oted rostrio 
tions on compost use, and projected rocom 
mended safo uses and application ratos for tho 
oompost. 
(7) fg) A report on the design of the facility, includ- 
ing: 

(A) Design capacity of the facility; 

(B) fi) A process flow diagram of the entire facil- 
ity, including the type, size, and location of all 
major equipment, tho location of all tempera 
turo and all other monitoring points, and feed 
stock flow streams. The flow streams shall 
indicate the quantity of material on a wet 
weight and volumetric basis; 

(C) fit) A description and sizing of the storage 
facilities for amendment, bulking agent, solid 
waste, recyclables, household hazardous waste 
and finished compost; 

(D) f«i) The technology for measuring, shredding, 
mixing, and proportioning input materials; 

(E) f+v-) The type, sizo, and associat e d detention 
timo for tho handling, processing, and storage 
equipment; Anticipated process duration, 
including receiving, preparation, composting, 
curing, and distribution; 

(F) fv) The separation, processing, storage, and 
ultimate disposal of non-compostable materials, 
if applicable; 

(G) fv+) A description of the location of all temper- 
ature, air and any other type of monitoring 
points, and the frequency of monitoring; 

(H) fvtt) A description of how the temperature 
control and monitoring equipment will demon- 
strate that the facility qualifies as a process to 
furthor reduce pathogens as outlined in Rule 
.1106 Subparagraph (9)(b) of this Section; 
meets the requirements in Rule . 1406 Subpara- 
graphs (a)(10), (11), or (12) of this Section, as 
appropriate for the feedstock; 



1967 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



> 



(viii) Tho aoration capacity of the system; 

£1} fi*) The method of supplying and regulating 

air flow; flow, including turning frequency or 

mechanical aeration equipment and aeration 

capacity; 

(J) (*) A description of the air emission and 

control technologies; 
(K) f*f> A description of the method to control 
surface water run-off; and the method to 
control, collect, treat, and dispose of leachate 
generated; and 
(*ii) Whoro applicable, a description of any seed 
material, including its quantity, quality, and 
froquonoy of uoo; 
(xiii) If treatment and proo e ooing waotoo, reoidu e o 
from — agricultural — products — ef — processing, 
industrial process wastes, or sludges are to bo 
oompootod: quantity, oh e mioal and phyoioal 
analyoio, and rooomm e ndationo from th e Divi 
sion of Environmental Management shall bo 
submitted with tho application; and 
(L) (xiv) A description of any recycling or other 
materia] handling processes used at the facility. 

(8) A description of the label or other information 
source that meets the requirements of Rule 
. 140700 of this Section. 

(9) (fe) Engineering plans and specifications for the 
facility, including manufacturer's performance 
data for all equipment selected. 

(c) (2) The following information is required for review- 
ing an application for a permit to operate a Type 4 or Large 
municipal solid waste composting facility: 

(1) (*) Contingency plans detailing corrective or 
remedial action to be taken in the event of 
equipment breakdown; air pollution; 
non-conforming waste delivered to the facility; 
spills, and undesirable conditions such as fires, 
particulates, noise, vectors, odors, and unusual 
traffic conditions; 
£2} (b) A detailed operation and maintenance man- 
ual. The manual must contain general design 
information, a discussion of compliance with 
operational requirements as outlined in Rule 
. 1406 of this Section, detailed operational infor- 
mation and instruction, equipment maintenance, 
list of personnel, required personnel training, 
outline of reports to be submitted in compliance 
with this Section, and safety instructions; 

(3) fe) A quality assurance plan for the process and 
final product which lists the procedures used in 
inspecting incoming materials; monitoring, 
sampling and analyzing the compost process and 
final product, testing schedule, and record 
keeping requirements; 

(4) fd} A fact sheet and process flow diagram that 
summarizes actual equipment sizing, aeration 
capacity, detention times, storage capacity, and 



[51 
(6J 



m 



flow rates (wet weight and volumetric) for the 
system and equipment chosen; 
(?) As-built drawings; an4 
ff) A copy of all applicable local, state, and 
Federal permits and approvals necessary for the 
proper operation of the faoility. facility; and 
Product marketing and distribution plan. 
£d) An application for a permit modification shall be 
required for changes in facility ownership, an increase in 
facility capacity, or the addition of new feedstock materials. 

Statutory Authority G.S. J30A-309.il. 

.1406 OPERATIONAL REQUIREMENTS FOR 
SW COMPOST FACILITIES 

(a) Any person who maintains or operates a Small Type 
Ij. 2 or 3 solid waste compost facility shall maintain and 
operate the site to conform with the following p ractices: 
(1) Plan and Permit Requirements: 

(A) Construction plans and conditions of permit 
shall be followed; and 

(B) A copy of the permit, plans, and operational 
reports shall be maintained on site at all times- 
Adequate erosion control measures shall be 



(3) 
£4) 

15] 



practiced to prevent excessive on-site erosion 
and to control the movement of silt or contami- 
nants from the site. 

Surface water shall be diverted from the opera- 
tional, compost curing, and storage areas. 
Leachate shall be contained on site or properly 
treated prior to disposal. 
Access and Security Requirements: 

(A) An operator shall be on duty at the site at all 
times while the facility is open for public use 
to ensure compliance with operational require- 
ments; 

(B) The access road to the site shall be of 
all-weather construction and maintained in 
good condition; and 

(C) Access to facilities open to the public shall be 
controlled. 

(6) A site shall only accept those solid wastes which 
it is permitted to receive. 

(7) Safety Requirements: 

(A) Open burning of solid waste is prohibited; 

(B) Equipment shall be provided to co ntrol acci- 
dental fires and arrangements made with the 
local fire protection agency to immediately 
provide fire-fighting services when needed; 

(C) A 25-foot minimum distance will be required 
between compost areas and swales or berms to 
allow for adequate access of fire fighting 
equipment; and 

(D) Personnel training shall be provided to insure 
that all employees are trained in site specific 
safety, remedial, and corrective action proce- 
dures. 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1968 



PROPOSED RULES 



(81 



m 



(A] 

im 

(A) 

(B) 



(12) 



[A] 



(B] 



Sign Requirements, for facilities open to the 
public: 
Signs providing information on waste that can 
be received, dumping procedures, the hours 
during which the site is open for public use, 
the permit number and other pertinent informa- 
tion shall be posted at the site entrance; and 
Signs shall be posted stating that no hazardous 
waste, asbestos containing waste, or medical 
waste can be received at the site. 
Monitoring Requirements: 
Specified monitoring and reporting require- 
ments shall be met; and 

The temperature of al] compost produced shall 
be monitored sufficiently to ensure that the 
pathogen reduction criteria is met. 
Compost process at Type 1 and 2 facilities shall 
be maintained at or above 55 degrees Celsius 
(131 degrees F) for 48 to 96 hours (dependent 
upon waste stream) and aerated to maintain 
elevated temperatures which will produce a 
pathogen free compost product. 
The temperature of the compost shall be main- 
tamed above 40 degrees Celsius (104 degrees F] 
for 14 days or longer and the average tempera- 
ture for that time shall be higher than 45 degrees 
Celsius (1 13 degrees F) at Type 2^ 3^ and 4 
facilities. 

The composting process at Type 3 facilities shall 
qualify as a process to further reduce pathogens. 
The following are acceptable methods: 
Using the windrow composting method, aero- 
bic conditions must be maintained during the 
compost process. A temperature of 55 degrees 
Celsius ( 131 degrees F} or greater must be 
maintained in the windrow for at least 15 days. 
During the high temperature period, the wind- 
row must be turned at least five times; 
Using the static aerated pile composting 
method, aerobic conditions must be maintained 
during the compost process. The temperature 
of the compost pile must be maintained at 55 



[£) 



(13) 



(A) 



degrees Celsius (131 degrees F) or greater for 
at least three days; or 

Using the within-vessel composting method, 
the temperature in the compost pile must be 
maintained at a minimal temperature of 55 
degrees Celsius (131 degrees F) for three 
days. 
Miscellaneous Requirements: 
The linear coefficient of permeability of pads 
required in accordance with Rule . 1404 (a)(7), 
(a)(10)(B) and (C) of this Section shall not be 
greater than \ x 10(-7) centimeters per second. 
If natural soils are used, the liner must be at 
least 18 inches thick; 



(B) The finished compost shall meet the classifica- 



tion and distribution requirements outlined in 
Rule .1407 of this Section; 

(C) The quality of the final product will determine 
the allowable uses as outlined in Rule . 1407 of 
this Section; 

(D) The final product shall be approved by the 
Solid Waste Section as outlined in Rule 
,1407(i) of this Section; 

(E) Non-compostable solid waste and unacceptable 
compost shall be disposed of in a manner 
approved by the Division; and 

(F) The amount of compost stored at the facility 
shall not exceed the designed storage capacity. 

(b) Any person who maintains or operates a Type 4 or 
Large munioipal solid waste compost facility shall maintain 
and operate the site to conform with the following practices: 

(1) Plan and Permit Requirements: 

(A) (a) Construction plans and conditions of permit 
shall be follow e d, followed; and 

(B) (b) A copy of the permit, plans, and opera- 
tional reports shall be maintained on site at all 
times. 

(2-) Erosion Control R e quir e m e nts: 

(ft) Adequate erosion control measures shall bo 

practiced to prevent silt from leaving the site. 
(b) Ad e quate e rosion control m e asures shall b e 

practic e d to prev e nt e xc e ssiv e on sit e e rosion. 

(2) Adequate erosion control measures shall be 
practiced to prevent excessive on-site erosion 
and to control the movement of sUt or contami- 
nants from the site. 

(3) Surface water shall be diverted from the opera- 
tional, compost curing, and storage areas. 

(4) Leachate shall be contained on site or properly 
treated prior to disposal. 

(5) Access and Security Requirements: 

(A) (ft) The site shall be secured by means of 
gates, chains, berms, fences, or other security 
measures approved by the Division, to prevent 
unauthorized entry. 

(B) (b) An operator shall be on duty at the site at 
all times while the facility is open for public 
use to ensure compliance with operational 
requirements. 

(C) (e-) The access road to the site shall be of 
all-weather construction and maintained in 
good condition. 

(6) Waste Acceptance 

(ft) A site shall only accept those solid wastes 

which it is p e rmitt e d to r e c e iv e . 
(hj N« — hazardous — wast e , — asbestos — containing 
waste, or medical waste shall be accepted at 
the facility. 

(6) A site shall only accept those solid wastes that it 
is permitted to receive. 

(7) Safety Requirements: 

(A) (a) Open burning of solid waste is prohibited. 



1969 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



f 



(B) (b) Equipment shall be provided to control 
accidental fires and arrangements made with 
the local fire protection agency to immediately 
provide fire-fighting services when needed. (1 1) 

(C) A 25-foot minimum distance will be required 
between compost areas and swales or berms to 
allow for adequate access of fire fighting 
equipment. 

(D) fe) Personnel training shall be provided to 
insure that all employees are trained in site ( 12) 
specific safety, remedial, and corrective action 
procedures. 

(8) Sign Requirements: 

(A) fa) Signs providing information on waste that 
can be received, dumping procedures, the 
hours during which the site is open for public 
use, the permit number and other pertinent 
information shall be posted at the site entrance. 

(B) (te) Traffic signs/markers shall be provided as 
necessary to promote an orderly traffic pattern 
to and from the discharge area and to maintain 
efficient operating conditions. 

(C) fe) Signs shall be posted stating that no hazard- 
ous waste, asbestos containing waste, or medi- 
cal waste can be received at the site. 

(9) Monitoring Requirements: 

(A) (ft) Specified monitoring and reporting require- 
ments shall be met. 

(B) The temperature of each batch of compost 
produced shall be monitored sufficiently to 
ensure that the pathogen reduction criteria is ( 13) 
met. fa) 

fb) The composting process shall qualify an a 
proo e oa to furth e r r e duc e pathog e ns. — The 
following ar e acceptabl e m e thods: 

fi) Using the windrow composting method, 

aorobie conditions must be — maintained 
during th e compost proc e ss. — A t e mp e ra 
tur e of 131 degrees F (55 dogrooo C e lsius) 
or greater must be maintained in the wind 
row for at least 15 days. — During the high 
t e mp e ratur e p e riod, th e windrow mu s t b e 
turn e d at l e ast fiv e tim e s. 

fit) Using the static aerated pile compo s ting 

method, aorobie condition s must bo main 
tain e d during th e compost proc e ss. — The 
t e mp e ratur e of th e compost pil e must b e 
maintained at 131 degrees F (55 degrees 
Celsius) or greater for at least three day s . 

(wi) Using — tfte — within v e ss e l composting 

m e thod, th e t e mperatur e in th e compost 

pt4e — must bo maintained at a minimal 

temperature of 131 degrees F (55 degrees 

C e lsius) for thr ee days. 

(10) Compost process at Type 1 and 2 facilities shall 

be maintained at or above 55 degrees Celsius 

(131 degrees F] for 48 to 96 hours (dependent 



upon waste stream) and aerated to maintain 
elevated temperatures which will produce a 
pathogen free compost product. 
The temperature of the compost shall be main- 
tained above 40 degrees Celsius (104 degrees F) 
for 14 days or longer and the average tempera- 
ture for that time shall be higher than 45 degrees 
Celsius ( 1 13 degrees F) at Type 2^ 3^ and 4 
facilities. 

The composting process shall qualify as a pro- 
cess to further reduce pathogens for all Type 3 
and Type 4 facilities. The following are accept- 
able methods: 

(A) Using the windrow composting method, aero- 
bic conditions must be maintained during the 
compost process. A temperature of 131 de- 
grees F (55 degrees Celsius) or greater must 
be maintained in the windrow for at least 15 
days. During the high temperature period, the 
windrow must be turned at least five times. 

(B) Using the static aerated pile composting 
method, aerobic conditions must be maintained 
during the compost process. The temperature 
of the compost pile must be maintained at 131 
degrees F [55 degrees Celsius) or greater for 
at least three days. 

(C) Using the within-vessel composting method, 
the temperature in the compost pile must be 
maintained at a minimal temperature of 131 
degrees F (55 degrees Celsius) for three days. 

(40) Miscellaneous Requirements: 
The waste storage area and the active compost 
ing, curing, and compost storage areas shall be 
locat e d on surfac e s oapabl e of minimizing re 
l e as e s to th e surfac e immediately below thes e 
areas, — to the s urrounding land surface. — and 
groundwater. — If natural soils are used, the liner 
must be at l e a s t 1 8 inch e s thick and th e lin e r 
co e ffici e nt of p e rm e ability must not b e gr e ater 
than 1 x 10( 7) centimeters per second. 

(A) The linear coefficient of permeability of pads 
required in accordance with Rule . 1404 (a)(6) 
and (a)(8)(B) and (C) of this Section shall not 
be greater than 1 x 10(-7) centimeters per 
second. If natural soils are used, the liner 
must be at least 18 inches thick. 

(B) fb) The finished compost shall meet the classi- 
fication and distribution requirements outlined 
in Rule .1407 of this Section. 

(C) fe) The quality of the final product will deter- 
mine the allowable uses as outlined in Rule 
.1407 of this Section. 

(D) (d) The final product shall be approved by the 
Solid Waste Section as outlined in Rule .1407 
Subparagraph (6)fb) (i) of this Section. 

(E) (e) Non-compostable solid waste and unaccept- 
able compost shall be disposed ef in a manner 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1970 



PROPOSED RULES 



approved by the Division. 
(F) ff-) The amount of compost stored at the facil- 
ity shall not exceed the designed storage capac- 
ity. 

Staruton- Authority' G.S. 130A-309.il. 



i 



.1407 CLASSIFICATION/DISTRIBUTION OF MSW COMPOST PRODUCTS 

Municipal solid waste compost shall bo classified basod on its physical and chomical proportio3. and degree of stabilization. 
f}^ Maximum allowable physical characteristics of mark e tabl e grad e s shall b e an d e signated in Tabl e 1: 

TABLE 1 



GRADE 



MAXIMUM 
PARTICLE SIZE 

(inches) 



MAXIMUM % 
FOREIGN MATTER 

% of dry Wt. Inorts 



LIMIT 



I QQ 



&£ 



f2} Maximum allowable chomical characteristics codes of marketable grades shall be as designated in Table 2: 

TABLE -2 



PARAMETER 


CODE 


CODE 




1 


2 




Mercury 


iO 


44 


Cadmium 


1Q 


25 


Nickel 


2QQ 


#00 




800 


J")QQ 




Lead 


240 


1QQQ 


Chromium 


4000 


2QQQ 


See 


1Q0Q 


25QQ 


Total PCB's 


2 


40 



i 



{3-) Degree of stabilization of marketable grades shall be as designated in Table 3: 

fa) Table 3: 

TABLE 3 



DEGREE 



MEETS 



REDUCTION IN ORGANIC MATTER (ROM) 



Fr e sh 

S e mi matur e 

Mature 



PFRP 
PF RP 



20 40 % 
■ 10 60 % 
over 60 % 



fb) "ROM" means reduction in organic matt e r. 

f+) Final grades for distribution and marketing of compost shall be based upon Table 1 thru Table 3 and shall bo as 

follows; 

fa) Unr es tricted Grad e shall hav e th e following qualiti e s: 

ft) — Meet the r e quir e m e nts as d e not e d in Subparagraph (1) of thi s Rul e ; 
{+H — Maximum chemical characteristics Code 1 as denoted in Subparagraph (2) of this Rule; 
tttH — Mature degree of stabilization as denoted in Subparagraph (3) of this Rule; and 



i 



1971 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



> 



(4v4 — Soluble gaits loos than 10 millimhos/contimotor (dry weight bosiB), unloaa marketed as a fertilizer, 

(b) Rootriot e d Prof e ooional Grad e o hall hav e th e following qunliti e o: 

(i) — Moot th e roquir e monto ao d e not e d in Subparagraph (1) of this Rul e ; 
(ii) — Chemical charactoriatica loss than Code 2 ao denoted in Subparagraph (2) of this Rule; 
(iii) — Mature or aomi mature dogroo of stabilization as denoted in Subparagraph (3) of this Rule; and 
(iv-) — Soluble oalto looo than 10 millimhoo/o e ntim e t e r (dry weight baoio), unlooo market e d as a f e rtiliz e r. 

(e) Rootriot e d Land Application Grad e shall have th e following qualiti e s: 

(i) — Moot the requirements as denoted in Subparagraph ( 1 ) of this Rule; 

(ii) — Chemical charactoristica not to exceed values in Code 2 as denoted in Subparagraph (2) of this Rule; 
(iii) — Matur e , oomi mature, or fr e oh d e gr ee of stabilization ao denot e d in Subparagraph (3) of this Rul e ; and 
(iv-) — Solubl e oalto looo than 10 millimhoo/o e ntim e t e r (dry w e ight basis). 

(5) For application whoro repeated uao of the compoat can bo expected, auch aa in agricultural applicationa or land 

reclamation, the maximum accumulation of heavy motal applied to tho aoila ahall bo as designated in Table 4 ; 



TABLE A 



Range of Cation Exchange Capacity of Soil (CEC) 



(CEC) 



4 — 5 



6 — \Q 



44 — t5 



^-45 



Maximum Cumulativ e Loading Rat e (lbo/aor e ) 



HEAVY 
METAL 

Copper 

Nick e l 

Cadmium 



65 

50 

35 
35 
3 



435 
95 

45 
45 
3 



25Q 
435 

65 
65 
4 



500 
350 
435 
455 

5 



Th e Cation Exchang e Capaoity of th e soil (prior to plac e m e nt of oompost produots) may b e d e t e rmin e d by 
proc e dur e s aoo e pt e d by the North Carolina D e partm e nt of Agrioultur e or EPA toot m e thod 90 8 1. 

{&) Distribution of tho defined grades ahall bo aa followa; 

(ft) Gradoa: 

(i) Unrestrict e d Grad e Compoot ohall have unlimited, unr e strict e d distribution (bagg e d or bulk). — Thio product may 

be distribut e d dir e otly to th e public. 
(it) — Roatrictod Professional Grade Compost shall bo restricted to distribution to commercial, agricultural, or 

governmental operations. 
(«i) — R e strict e d Land Application Grad e shall b e r e strict e d to distribution for land and min e r e clamation, silvicultur e , 
and agrioultur e (on non food chain cropo) proj e oto. 
(a) Compost shall not be a pplied to the land or sold or given away in a bag or other container if the concentration of any 
metal exceeds the concentration in Table 1 . 



TABLE 1 



Metals 


Concentration 
mg per kg 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1972 



PROPOSED RULES 



Arsenic 


75 


Cadmium 


85 


Chromium 


3000 


Copper 


4300 


Lead 


840 


Mercury 


57 


Nickel 


420 


Selenium 


100 


Zinc 


7500 



♦ 



(b) Maximum allowable metal concentrations if compost is to be sold or given away in a bag or other container shall not 
exceed the concentration for the metals in Table 2j. 

TABLE 2 





Concentration 


Metals 


mg per kg 


Arsenic 


41 


Cadmium 


39 


Chromium 


1200 


Copper 


1500 


Lead 


300 


Mercury 


11 


Nickel 


420 


Selenium 


36 


Zinc 


2800 



(c) For applications where repeated use of the compost can be expected, such as in agricultural applications or land 
reclamation, the maximum accumulation of metals applied to the soils shall be as designated in Table 3j. 



i 



TABLE 3 





Concentration 


Metals 


kg per ha 


Arsenic 


41 


Cadmium 


39 


Chromium 


3000 


Copper 


500 


Lead 


300 


Mercurv 


12 


Nickel 


420 


Selenium 


100 


Zinc 


1000 



(d) The product of the concentration of each metal in the compost and the annual whole compost application rate shall not 
cause the annual metal loading rate for the metals in Table 4 to be exceeded. 

TABLE 4 



Metals 


Concentration 

kg/ha/yr 



i 



1973 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



Arsenic 


2.0 


Cadmium 


1.9 


Chromium 


150 


Copper 


75 


Lead 


15 


Mercury 


0.85 


Nickel 


21 


Selenium 


5i) 


Zinc 


140 



(e) Solid Waste Compost shall be classified based on table 5^ 

TABLE 5 



Grade 


ManMade Inerts 

%_ dry wL of 

inerts 


Pathogen 
Reduction 


Metal 
Concentration 


A 
B 


6 
>6 


PFRP 

NA 


Table 2 
Table 1 



(f) Solid Waste Compost shall not be distributed if the temperature of the compost will rise more than 35 degrees F above 
ambient temperature. 

(g) Man made inerts shall not exceed I inch in size. 

(h) Distribution of the defined grades shall be as follows: 

(1) Grade A compost shall have unlimited, unrestricted distribution fbagged or bulk). This product may be 
distributed directly to the public; 

(2) Grade B compost shall be restricted to distribution for land arid mine reclamation, silviculture, and agriculture 
(on non-food chain crops) projects; and 

(3) Compost or mulch made from yard waste or yard waste and vegetative agricultural waste or silviculture waste 
which contains minimal pathogenic organisms, is free from offensive odor, and contains no sharp particles which 
would cause injury to persons handling the compost, shall have unrestricted applications and distribution if 
directions are provided with the compost product. 

(i) fb) Munioipal solid Solid waste compost products may not be distributed or marketed until the permittee has provided 
adequate test data to the Division as outlined in Rule 1408 of this Section. Within 30 days of receipt of the test data, the 
Division shall approve or deny the distribution and marketing of the product based upon the compost classification and 
distribution scheme. As long as the test data required in Rule .1408 of this Section continues to verify that compost is 
produced to the specifications of this Rule, the Division's approval to distribute the compost shall be ongoing. 

0} (e) If the owner intends to market the product as a fertilizer or liming agent , the applicant must register with the North 
Carolina Department of Agriculture, Fertilizer Section. Section, in addition to meeting the requirements of this Section. The 
product must meet the NCDA's minimal nutrient requirements. 

£k) (d) If the owner intends to mark e t distribute the product as a muloh and do e o not rogiot e r with th e North Carolina 
D e partm e nt of Agrioultur e , F e rtiliz e r S e ction , the owner must shall provide instructions to the user on any restrictions on 
use and recommended safe uses and application rates. The following information must shall be provided on a label: label 
or an information sheet and a copy of the label shall be submitted to the Solid Waste Section: 

(1) {4} Percent moisture content; 

(2) (444 Classification grade as outlined in Paragraph (4) (e) of this Rule; 

(3) (44+) Recommended uses; 

(4) (4v) Application rates; 

(5) (v) Calcium Carbonate equivalent (for products which have been lime stabilized); and 

(6) fv4) Restrictions on u s ag e , usage; 

(7) Soluble salts; and 

(8) Total N (for products containing sludge). 

( e ) If the owner int e nds to us e th e final product for land application projects or where r e p e at e d use of th e compo s t can 
b e expect e d, h e shall comply with all local, stat e , and Federal rul e s and regulations oonoorning land application. — The 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1974 



PROPOSED RULES 



maximum accumulative loading rat03 shall bo as donotod in Subparagraph (5) of this Rulo. 
Statutory Authority G.S. 130A-309.il. 

.1408 METHODS FOR TESTING AND REPORTING REQUIREMENTS 

Tho intent of this Rul e is to defin e th e m e thods and r e quir e m e nts for m e asuring and reporting th e ch e mical and phyoioal 

charact e ri s tics of tho final oompoot produot. 

(a) {A-) The compost product shall be sampled and analyzed as follows: 

(1) (a) A composite sample of the compost produced at each compost facility shall be analyzed at intervals of every 

20,000 tons of compost produced or every three months, whichever comes first, for parameters as designated 

in Table ^ 6 of this Rule. Standard methods equivalent to those in Table 6 may be approved by the Division. 

TABLE 5 



« 



PARAMETER 



Moisture 
Reduction in 
Organic Matt e r 

Organic Matter 
Foreign Mattor 

Cadmium 
Copper 

Nick e l 

Chromium 

Mercury 

Feoal Coliform 

Solubl e Salts 

PCB's 

ptt 



uwr- 



* 
* 



mg/kg dry wt 
mg/kg dry wt 



mg/kg dry wt 
mg/kg dry wt 



mg/kg dry wt 



mg/kg dry wt 
mg/kg dry wt 



/^organisms/ 100 ml 
millimhos/om 
mg/kg dry wt. 
standard 



METHOD 



EPA 160.3 

see Subparagraph (f) of 

this Rul e 

EPA 160. 4 

soo Subparagraph (d) of 

this Rul e 

EPA 3050/7130 

EPA 3050/7210 

EPA 3050/7 4 20 

EPA 3050/7520 

EPA 3050/7950 

EPA 3050/71 4 

EPA 3050/7 4 71 

Standard 9222 

Solubridg e l&gml.2 ratio 

EPA 8080 

EPA 90 4 5 



i 



The parameters listed in Table S 6 of this Rule may also be determined by methods accepted by the North 
Carolina Department of Agriculture. 

TABLE 6 



PARAMETER 


UNIT 


FACILITY 


TEST METHOD 


Moisture 


l k 


a]l 


EPA 160.3 


Organic Matter 


% 


aU 


EPA 160.4 


Foreign Matter 


% 


ail 


see Subparagraph (d) of this Rule 


Arsenic 


mg/kg dry wt. 


Type 4 


EPA 3050/7130 


Cadmium 


mg/kg dry wt. 


aU 


EPA 3050/7210 


Chromium 


mg/kg dry wt. 


Type 4 


EPA 3050/7420 


Copper 


mg/kg dry wt. 


aU 


EPA 3050/7520 


[.cad 


mg/kg dry wt. 


aM 


EPA 3050/7950 


Mercury 


mg/kg dry wt. 


Type 4 


EPA 747 1 A 


Nickel 


mg/kg dry wt. 


aU 


EPA 3050/7471 


Selenium 


mg/kg dry wt. 


Type 4 


EPA 3050/7740 



I 



1975 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



Zinc 


ms/ks dry wt. 


all 


HPA 3050/7471 


Fecal Coliform 


^organisms/ 100 ml 


all 


Solubridee 1 & am 1.2 ratio 




millimhos/cm or Mhos x 




EPA 9045 




10(-5)cm standard 






eH 


standard 


aU 


water pH 


CaC03 equivalent 


% 


see (A) 


AOAC 


Total N 


% 


see (B) 


Kieldahl 



(A) CaCQ3 equivalent required when a feedstock has been lime stabilized. 

(B) Total N required for products containing sludge subject to 40 CFR 503. 

(2) (¥) Sample collection, preservation, and analysis shall assure valid and representative results pursuant to a 
Division-approved quality assurance plan. At least three individual samples (of equal volume) shall be taken from 
each batch produced in separate areas along the side of the batch. Each sampling point shall be at a depth of two 
to six feet into the pile from the outside surface of the pile. Samples shall be composited and accumulated over 
a three month period or at intervals of every 20,000 tons or product produced, whichever comes first. 

(3) (e) The Division may decrease or increase the parameters to be analyzed or the frequency of analysis based on 
monitoring date, changes in the waste stream or processing, or the potential presence of toxic substances. 

(4) fd4 Foreign matter content shall be determined by passing a dried, weighed sample of the compost product 
through a one-quarter inch screen. EPA Method 160.3 shall be used to dry the sample. The material remaining 
on the screen shall be visually inspected, and the foreign matter that can be clearly identified shall be separated 
and weighed. The weight of the separated foreign matter divided by the weight of the total sample shall be 
determined and multiplied by 100. This shall be the percent dry weight of the foreign matter content. 

fe) A oomposito, het e rog e n e ous sampl e of th e tnooming waoto stream (f ee dstock), whioh has boon shroddod or 
otherwise reduced in particle size, shall bo used for determination of tho initial organic matter (OM) used in tho 
calculation for percent reduction in organic matter (% ROM). Tho organic matter content of this composite 
sampl e io d e t e rmin e d by m e asuring th e volatil e solids oont e nt using EPA M e thod 160.1. 

ff-) Th e reduotion in organic matt e r is d e t e rmin e d by oomparing the organic? matt e r oont e nt of th e foodstook into tho 
composting process and tho organic matter content of tho compo s t product (using EPA Method 160. 4 ). — The 
amount of reduction is dotorminod as a porcont of tho original amount contained in tho feedstock using tho 
following calculation: 

% ROM = 100 [ 1 — (OMK(100 OM)/OM(100 OMK)) ] 

wh e r e , % ROM ~ p e rc e nt r e duotion in organio matt e r, OM ~ p e rc e nt organic matt e r of tho f o odstook, and 
OMK — p e ro e nt organio matt e r of oompost product. 

(b) (2) Record Keeping: Facility owners or operators shall record and maintain, maintain records for a minimum of throe 
five years, tho following information regarding thoir activities for oaoh month of operation of tho facility years . Records 
shall be available for inspection by Division personnel during normal business hours and shall be sent to the Division upon 
request. 

(1) (a) Daily operational records must be maintained, which include, at a minimum, temperature data (length of the 
composting period) and quantity of material processed; 

(2) fb) Analytical results on compost testing; 

(3) (e) The quantity, type and source of waste received; 

(4) (d) The quantity and type of waste processed into compost; 

(5) (e) The quantity and type of compost produced by product classification; and 

(6) (f) The quantity and type of compost removed for use or disposal, by product classification, and the market or 
permitted disposal facility. 

(c) (3) Annual Reporting: An annual report for the period July I to June 30 shall be submitted to the Division by August 
1± 1996 and every August I thereafter which contains: and shall contain: 

(2) fa) The facility name, address, and permit number; 
(b) Th e y e ar cov e r e d; 

(2) fe) The total quantity in tons, with sludge values expressed in dry weight, and type of waste received at the 
facility during the year covered by the report, including tons of waste received from local governments of origin; 

(3) {d} The total quantity in tons, with sludge values expressed in dry weight, and type of waste processed into 
compost during the year covered by the report; 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1976 



PROPOSED RULES 



(4) (e) The total quantity in tons and type of compost produced at the facility, by product classification, during the 
year covered by the report; 

(5) (|) The total quantity in tons and type of compost removed for use or disposal from the facility, by product 
classification, along with a general description of the market if for use during the year covered by the report; 

(6) te) The total quantity in tons, and the type of waste removed from the facility and disposed ef; 

(7) (k) Condensed monthly Monthly temperature monitoring to support Rule .1406 Subparagraph (9)(o) of this 
Section; asd 

(8) (i) Condensed yearly Yearly totals of solid waste received and composted shall be reported back to the local 
government of origin for respective annual recycling reporting, reporting; and 

(9) Results of tests required in Table 6 of this Section. 

Statutory- Authority- G.S. 130A-309.il. 



.1409 APPROVAL OF ALTERNATIVE 

PROCEDURES AND REQLTREMENTS 

(a) The An owner or operator of a composting facility, 
subject to the provisions of this Rule, may request in writing 
the approval of an alternative procedure for the facility or 
the compost that is produced. The following information 
shall be submitted to the Solid Waste Section: 

( 1 ) The specific facility for which the exception is 
requested; 

(2) The specific provisions of this Section for which 
the exception is requested; 

(3) The basis for the exception; 

(4) The alternate procedure or requirement for 
which the approval is sought and a demonstra- 
tion that the alternate procedure or requirement 
provides equivalent protection of the public 
health and the environment; and 

(5) A demonstration of the effectiveness of the 
proposed alternate procedure. 

(b) An individual may request in writing the approval of 
a municipal solid waste composting pilot or demonstration 
project for the purpose of evaluating the feasibility of such 
a project. The following information shall be submitted to 
the Solid Waste Section: 

(1) The owner, operator, location, and contact 
numbers for the project: 

(2) The specific primary waste stream for which the 
project is to be evaluated evaluat e; 

(3) The specific time frame for the project; 

(4) The specific amount of each type of waste or 
bulking material to be composted; 

(5) The basis for running the pilot or demonstration 
project; 

(6) A description of all testing procedures to be 
used; 

(7) A description of the process to be us e d and th e 
expected final usag e or disposal of th e final 
product; — aftd used, including the method of 
composting and details of the method of aera- 
tion, 

(8) The expected final usage or disposal of the final 
product: and 

(9) f8) An outline of the final report to be submitted 



to the Solid Waste Section upon completion of 
the project. 

(c) For Paragraph (a) of this Rule, the Division will 
review alternative procedures only to the extent that ade- 
quate staffing is available. 

(d) Permits will not be required for primary and second- 
ary school educational projects that take place on the school 
grounds and that receive less than one yard of material per 
week. 

Statutory- Authority G.S. 130A-309.il. 

****************** 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for Health 
Services intends to amend rules cited as 15A NCAC 18A 
.1720. .1722 - .1723, .1725 - .1727, .2702, .3101 - .3106; 
19C .0601 - .0603, .0605 - .0609; 25 .0213 and adopt rule 
cited as 15 A NCAC 19C .0611. 

Proposed Effective Date: April 1, 1996. 

A Public Hearing will be conducted at 1:30 pm on January 
18, 1996 at the Archdale Building, Ground Floor Hearing 
Room, 512 North Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: 15A NCAC 18A .1720, 

.1722 - .1723, .1725 - .1727 - to make existing wording 
more clear. 

15A NCAC 18A .2702 - This action is being taken to bring 
the rule into conformance with the new statutory require- 
ments. In this legislative year, meat markets were moved to 
G.S. 130A-248, which requires a transitional permit. The 
statute in which meat markets were previously, did not 
require a transitional permit. 

15A NCAC 18A .3101 - Revisions are proposed to provide 
clarification and greater consistency with state law. Also to 
require expanded laboratory reporting and to clarify the 
different trigger mechanisms for reporting, identification, 
investigation, notification and abatement of lead poisoning 
hazards and also to add lead poisoning hazard standards for 



1977 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



lead-contaminated dust. 

15 A NCAC 18A .3102 - Revisions are proposed to provide 
greater consistency with state law, to list the specific 
information that must be reported and to allow for electronic 
submission of blood lead data. 

15 A NCAC 18A .3103 - Revisions are proposed in order to 
clarify requirements for owners, managing agents and 
tenants. 

15 A NCAC 18A .3104, .3105 - Revisions are proposed in 
order to provide greater consistency with state law. 
15 A NCAC 18A .3106 - Revisions are proposed in order to 
clarify requirements for owners and managing agents and to 
provide greater consistency with state law. 
15 A NCAC 19C .0601 - .0603, .0605 - .0609, .0611 - The 
proposed rule changes will allow for persons whose removal 
activities are limited to asbestos-containing roofing products 
to become accredited in a subcategory. These subcategories 
will be roofing worker and roofing supervisor. The training 
course length for accreditation will be one day and three 
days, respectively, these changes will bring the rules in line 
with OSHA regulations. All other changes are for clarifica- 
tion purposes. 

15 A NCAC 25 .0213 - To clarify the frequency of inspections 
required for Commissaries, Limited Food Service Establish- 
ments and Mobile Food Units. Also to require public 
swimming pools and spas which operate beyond the usual 
summer season to be inspected two times per year. To 
delete requirements for inspections of meat markets closed 
for 60 days or more. 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearing. Written 
comments may be presented at the public hearing or submit- 
ted to Grady L. Balentine, Department of Justice, PO Box 
629, Raleigh, NC 27602-0629. All written comments must 
be received by January 18, 1996. Persons who wish to 
speak at the hearing should contact Mr. Balentine at (919) 
733-4618. Persons who call in advance of the hearing will 
be given priority on the speaker's list. Oral presentation 
lengths may be limited depending on the number of people 
that wish to speak at the public hearing. Only persons who 
have made comments at a public hearing or who have 
submitted written comments will be allowed to speak at the 
Commission meeting. Comments made at the Commission 
meeting must either clarify previous comments or proposed 
changes from staff pursuant to comments made during the 
public hearing process. 

It is very important that all interested and poten- 
tially affected persons, GROUPS, BUSINESSES, ASSOCIA- 
TIONS, INSTITUTIONS OR AGENCIES MAKE THEIR VIEWS AND 
OPINIONS KNOWN TO THE COMMISSION FOR HEALTH SERVICES 
THROUGH THE PUBLIC HEARING AND COMMENT PROCESS, 
WHETHER THEY SUPPORT OR OPPOSE ANY OR ALL PROVISIONS 
OF THE PROPOSED RULES. THE COMMISSION MAY MAKE 
CHANGES TO THE RULES AT THE COMMISSION MEETING IF 
THE CHANGES COMPLY WITH G.S. 150B-21.2(F). 



Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 



SECTION .1700 



PROTECTION OF WATER 
SUPPLIES 



.1720 WATER SUPPLIES 

(a) A water supply for which requirements are established 
in this Subchapter shall be from a oouroo locat e d, oon 
structcd, maintained, and operated in accordance with this 
Section or from a community water supply approved by the 
Departm e nt regulated pursuant to 15A NCAC 18C or from 
a supply located, constructed, maintained, and operated in 
accordance with this Section . 

(b) The requirements found in Rules .1720(c) through 
.1728 shall not apply to community water supplies. 

(c) The following setback requirements shall apply: 

(1) A well shall not be located in an area generally 
subject to flooding. Areas which have a propen- 
sity for flooding include those with concave 
slope, alluvial or colluvial soils, gullies, depres- 
sions or drainage ways. 

(2) A well constructed on or after July 1, 1993 shall 
be located at a minimum horizontal distance 
from: 

(A) (a) Septic tank or nitrification field; 100 ft. 

(B) fb) Other subsurface ground absorption waste 
disposal; 100 ft. 

(C) (e) Industrial or municipal sludge spreading or 
wastewater irrigation site; 100 ft. 

(D) (d) Watertight sewage or liquid-waste collec- 
tion or transfer facility; 50 ft. 

(E) («) Other sewage or liquid-waste collection or 
transfer facility; 100 ft. 

(F) (f) Animal feedlot or manure pile; 100 ft. 

(G) (g) Fertilizer, pesticide, herbicide or other 
chemical storage area; 100 ft. 

(H) (h) Non -hazardous waste storage, treatment or 

disposal lagoon; 100 ft. 
0} © Sanitary landfill; 500 ft. 
(D (j) Other non-hazardous solid waste landfill; 

100 ft. 
(K) (k) Animal barn; 100 ft. 
(L) d) Building foundation; 50 ft. 
(M) (m) Surface water body; 50 ft. 
(N) f») Chemical or petroleum fuel underground 
storage tank regulated under 15A NCAC 2N: 
(i) with secondary containment; 50 ft. 
(ii) without secondary containment; 100 ft. 
£0) (©) Any other source of groundwater contami- 
nation. 100 ft. 

(3) For a well constructed prior to July 1, 1993, the 
minimum horizontal distances specified in Parts 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1978 



PROPOSED RULES 



(c)(2)(A),fB),(D), and (L) (2)(a),(b),(d), and (1) 
of this Rule shall be reduced to no less than the 
following: 

(A) fft} Septic tank or nitrification field; 50 ft. 

(B) fb) Other subsurface ground absorption waste 
disposal system; 50 ft. 

(C) (e) Water-tight sewage or liquid-waste collec- 
tion or transfer facility; 25 ft. 

(D) (d) Building foundation; 25 ft. 

(4) A well constructed prior to July 1, 1993 serving 
an establishment regulated under 15A NCAC 
18A in operation prior to July 1, 1993 shall be 
required to meet only the following minimum 
horizontal distance requirements: 

(A) (*) Septic tank or nitrification field; 50 ft. 

(B) fb) Other subsurface ground absorption waste 
disposal system; 50 ft. 

(5) An owner, licensee or permittee shall be prohib- 
ited from placing or having placed a new source 
of contamination within the minimum horizontal 
distances in Items Subparagraphs (c}(l)-(4) of 
this Rule. 

(6) If different minimum horizontal distances re- 
quirements are set by the Division of Environ- 
mental Management pursuant to 15A NCAC 2C 
.0118 and .0119. those minimum horizontal 
distance requirements shall be used. The owner, 
licensee or permittees shall provide a written 
copy of the adjusted minimum horizontal dis- 
tance requirements from the Division of Envi- 
ronmental Management to the local health de- 
partment. 

Statutory Authority G.S. 95-225; 130A-5(3); 130A-228; 
130A-230; 130A-235; 130A-236; 130A-248; 130A-257. 

Mil WELL HEAD PROTECTION 

(a) The base plate of a pump placed directly over the well 
shall be designed to form a watertight seal with the well 
casing or pump foundation. 

(b) In an installation where the pump is not located 
directly over the well, the annular space between the casing 
and pump intake or discharge piping shall be closed with a 
watertight seal designed specifically for this purpose. 

(c) The well shall be vented at the well head to allow for 
pressure changes within the well except when a suction lift 
type pump is used. Any vent pipe or tube shall be screened 
or otherwise designed to prevent the entrance of insects or 
other foreign materials. 

(d) For a well constructed after July 1, 1993, a hose bib 
shall be installed at the well head for obtaining samples. In 
the case of offset jet pump installations, the hose bib shall 
be installed directed downward on the pressure side of the 
jet pump piping. A vacuum breaker or back flow prevention 
device shall be installed on the hose bib. 

(e) For a well constructed after July 1, 1993, a continu- 
ous bond concrete slab or well house concrete floor extend- 



ing at least three feet horizontally around the outside of the 
well casing shall be provided. The minimum thickness for 
the concrete slab or floor shall be four inches. The slab or 
floor shall slope to drain away from the well casing. 

(f) Any establishments permitted or licensed after July 1 , 
1993 shall have a continuous bond concrete slab or well 
house concrete floor extending at least three feet horizon- 
tally around the outside of the well casing shall be provided. 
The minimum thickness for the concrete slab or floor shall 
be four inches. The slab or floor shall slope to drain away 
from the well casing. 

Statutory Authority G.S. 95-225; 130A-5(3); 130A-228; 
130A-230; 130A-235; 130A-236; 130A-248; 130A-257. 

.1723 SPRINGS 

(a) If a spring is serving an establishment regulated under 
15A NCAC 18A on or before July 1, 1993, the spring shall 
be approved unless a violation of Rule .1725 is identified. 
If Rule .1725 of this Section is violated, violated and 
violation remains after disinfection in accordance with Rule 
. 1724(b) of this Section, or the removal of chemical 
constituents, the spring shall comply with all requirements 
of Paragraph (b) of this Rule. However, a spring which is 
in violation of Rule . 1725(c) of this Section may be 
equipped with a continuous disinfection device in accordance 
with Rule . 1727 of this Section. 

(b) For a spring developed after July 1 . 1 993 . to servo an 
establishment — regulated — under — 1-5A — NCAC — 18A, Any 
establishment permitted or licensed under 15A NCAC 18A 
after July l± 1993, and any establishment permitted or 



licensed before that date developing a new spring shall meet 
the requirements of 2 NCAC 9C .0703, except Paragraphs 
(a), (b) and (f) shall apply. 2 NCAC 9C .0703, except 
Paragraphs (a), (b) and (f) are hereby incorporated by 
reference including any subsequent amendments and 
editions. This material is available for inspection at the 
N.C. Department of Environment, Health, and Natural 
Resources, Environmental Health Services Section, 1330 St. 
Mary's Street, Raleigh, North Carolina. Copies may be 
obtained from the Environmental Health Services Section at 
no cost. 

(c) Springs approved pursuant to Paragraph (b) of this 
Rule shall not be connected to the establishment until 
compliance with this Section has been completed and the 
Department receives certification from an engineer licensed 
to practice in North Carolina that the spring has been 
constructed in accordance with the approved plans and 
specifications. 

Statutory Authority G.S. 95-225; 130A-5(3); 130A-228; 
130A-230; 130A-235; 130A-236; 130A-248; 130A-257. 

.1725 WATER QUALITY 

(a) Prior to the initial use of a water supply, or after 
construction, maintenance, repairs, pump installation, or a 
report of a positive coliform sample, and after no di a inf e c 



1979 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



tant can bo measured with a toat kit to moaauro free chlorino 
rooidual, two consecutive bacteriological water samples 
taken at least 48 hours apart shall be collected by the 
Department and submitted to the Division of Laboratory 
Services of the Department of Environment, Health, and 
Natural R e sourc e s Resources, a local health department 
approved by the Department, or another laboratory certified 
pursuant to 15A NCAC 20D for analysis. Prior to collect- 
ing the sample, the water shall be tested and shall be 
negative for chlorine residual. Th e wat e r supply shall not 
bo us e d until at least two oons e outivo baot e riologioal sampl e s 
havo tostod negative? for coliform bacteria. For the purposes 
of this Rule, confirmation means another positive sample 
result following the initial positive sample unless the last 
positive sample was preceded by two consecutive negative 
samples. 

(b) The water supply shall be deemed an imminent hazard 
under the following circumstances: 

(1) confirmation of the presence of fecal coliform 
bacteria. 

(2) determination by the Environmental Epidemiol- 
ogy Section of the Department that the presence 
of chemical constituents are present at levels that 
constitute an imminent hazard as defined in G.S. 
130A-2(3). 

(c) The water supply shall be deemed unsafe for use 
under the following conditions: 

(1) confirmation of the presence of total coliform. 

(2) determination by the Environmental Epidemiol- 
ogy Section of the Department that the presence 
of chemical constituents are present at levels in 
violation of water quality standards found in 15A 
NCAC 18C .1500 and do not constitute an 
imminent hazard as defined in G.S. 130A-2(3). 

(d) Wh e n a wat e r sampl e is positiv e for coliform bact e ri a^- 
two consecutive? negative samples for coliform bacteria 
collected by tho Department at least 4 8 hours apart shall bo 
r e quir e d prior to approval of th e supply. After a positive 
sample has been followed by two consecutive negative 
samples collected at least 48 hours apart, follow-up samples 
shall be collected by the Department at least once each 
quarter, while the supply is in use, for one year. There 
shall be no treatment procedures between the two consecu- 
tive negative samples. 

fe) — Follow up samples shall bo collected by tho Depart 
ment at l e ast ono e e ach quart e r for on e y e ar, whil e th e 
supply is in uoo for on e year following tho previous po s itiv e 
sample. 



Public Water Supply Section determines that the emergency 
supply system meets all the following requirements: 

(1) The source of water used by the emergency supply 
i s approved by tho Public Wator Supply Section of 
tho Divi s ion of Environmental Hoalth: shall meet 
the requirements of 15A NCAC 18C; 

(2) Containers, hoses, pumps, lines, or other means 
of conveyance used to transport the water is 
disinfected with a chlorine solution of at least 100 
mg/1 of chlorine prior to being placed into use and 
after each transfer of water; 

(3) A chlorine residual of no less than 0.2 mg/1 of 
free chlorine is maintained at all times and the 
owner, licensee, or permittee shall maintain a log 
to record the level of free chlorine residual at least 
twice a day while the facility is in operation; and 

(4) The emergency supply system is sampled for 
bacteriological analysis at least every other week 
by the Department and at least weekly by the 
owner, permittee, or licensee. All samples shall 
be submitted to the laboratory section of the 
Department or another laboratory certified by the 
Department for the analysis. A copy of all sample 
reports collected by the owner, permittee, or 
licensee shall be submitted to the local health 
department having jurisdiction within three days of 
receipt of the report. 

Statutory Authority G.S. 95-225; BOAS (3); B0A-228; 
130A-230; B0A-235; 130A-236; 130A-248; 130A-257. 

.Mil CONTINUOUS DISINFECTION 

(a) A supply which is in violation of Rule . 1725(c)(1) of 
this Section may be used provided that the supply shall be 
continuously disinfected and a chlorine residual is main 
tainod of at least 0.2 mg/1 is maintained by use of equipment 
designed for this purpose. An operator shall be required at 
all times when a water supply uses for a wat e r s upply using 
continuous disinfection. The operator shall hold a valid 
certificate issued by the N.C. Water Treatment Facility 
Operators Certification Board. 

(b) The owner, operator, or permittee shall provide to the 
Department a statement from the water supply operator that 
a supply using continuous disinfection has a minimum 
chlorine residual of 0.2 mg/1 and a chlorine contact time of 
at least 20 minutes. 

(c) A disinfection device shall not be used to comply with 
a violation of Rule .1725 (b)(1) of this Section. 



Statutory Authority G.S. 95-225; 130A-5(3); BOA-228; 
130A-230; BOA-235; 130A-236; 130A-248; 130A-257. 



Statutory Authority G.S. 95-225; BOAS (3); B0A-228; 
B0A-230; B0A-235; BOA-236; B0A-248; B0A-257. 



.1726 EMERGENCY SUPPLY SYSTEMS 

A water supply serving an establishment regulated under 
15A NCAC 18A which is in violation of Rule . 1725 of this 
Section may be replaced by an emergency supply system for 
a time period not to exceed three months provided the 



SECTION .2700 - SANITATION OF MEAT 
MARKETS 

.2702 PERMITS 

(a) No person shall operate a meat market within the 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1980 



PROPOSED RULES 



State of North Carolina who does not possess an unrevoked 
permit from the Department. 

(b) No permit to operate shall be issued until a sanitary 
inspection by a representative of the Department shows that 
the establishment complies with these sections. 

fe) — Pormito issu e d to one p e rson ar e not tran s ferable to 
oth e rs. 

(c) (d) Permits are issued by and inspections made by 
local health the Department, department sanitarians, who are 
authorized r e pr e oontativ e o of th e Departm e nt. 

(d) Upon transfer of ownership or lease of an existing 
meat market, the Department shall complete an inspection. 
l_f the establishment satisfies all the requirements of the 
rules, a permit shall be issued. If the establishment does not 
satisfy all the requirements of the rules, a permit shall not 
be issued. However, if the Department determines that the 
noncomphant items are construction or equipment problems 
that do not represent a threat to the public health, a transi- 
tional permit may be issued. The transitional permit shall 
expire 90 days after the date of issuance, unless suspended 
or revoked before that date, and shall not be renewed. Upon 
expiration of the transitional permit, the owner or operator 
shall have corrected the noncompliant items and obtained a 
permit, or the meat market shall not continue to operate. 

(e) The Department may impose conditions on the 
issuance of a permit or transitional permit. Conditions may 
be specified for one or more of the following areas: 

( 1 ) the categories of meat food products or poultry 
products served; 

(2) time schedules in completing minor construction 
items; 

(3) modification or maintenance of water supplies; 

(4) use of facilities for more than one purpose; 

(5) continuation of contractual arrangements upon 
which basis the permit was issued; 

(6) submission and approval of plans for renovation; 

(7) any other conditions necessary for a meat market 
to remain in compliance with this Section. 

(f) fe} If a permit or transitional permit has been sus- 
pended, the suspension shall be lifted after the Department 
has inspected the meat market and found that the violations 
causing the suspension have been corrected. A p e rmit shall 
b e immediately revok e d in aooordano e with G.S. 130A 
23(d) for failure of the facility to maintain a minimum grade 
of C. A permit may otherwise be suspended or revoked in 
accordanc e with 130 A 23. If a permit or transitional permit 
has been revoked, a A new permit to op e rat e shall be issued 
only after the Department has inspected the meat market 
establishment has been rosurvoyod by a sanitarian and found 
it to comply with this Section. This resurvey will be 
conducted within a reasonable length of time after the 
request is made by the operator. 

Statutory Authority G.S. 130A-228. 

SECTION .3100 - LEAD POISONING PREVENTION 
IN CHILDREN PROGRAM 



.3101 DEFINITIONS 

As used in this article, unless the context requires other- 
wise: 
(1) "Abatement" means the elimination or control of 

a lead poisoning hazards hazard by methods 

approved by the Department. 

"Confirmed blood lead level" means a blood lead 



m 



ill 



(4) 



£S 



m 



[a} 



£b) 



(ci 



(6) 



(7) 



concentration determined by two consecutive 
capillary blood tests or one venous blood test. 
(3} "Day care facility" means a structure or 
structures used as a school, nursery, child care 
center, clinic, treatment center or other facility 
serving the needs of children under six years of 
age including the grounds, any outbuildings, 
outbuilding or other structure or surrounding land 
that may have boon contaminated — from such 
outbuildings or other structures appurtenant to the 
facility, structure s , acc e ssibl e to ohildr e n under oix 
years of ago. 

(3) "Department" means the Department of Envi- 
ronment, Health, and Natural Resources or its 
authorized agent. 

(4) "Dwelling" or "Dwelling unit" means a struc- 
ture, all or part of which is designed for human 
habitation, including any outbuilding s or oth e r 
structur e s, or surrounding land that may hav e boon 
contaminated from such outbuildings or structures, 
accessible to children under six years of ago. the 
common areas, the grounds, any outbuildings, or 
other structures appurtenant to the dwelling or 
dwelling unit. 

f5-> "Elevated blood lead level" means: moans a 
blood l e ad of 20 ug/dL or gr e at e r. 
For the purposes of reporting by laboratories, a 
blood lead level of 1 microgram per deciliter or 
greater; or 

For the purposes of identification, investigation, 
and notification of lead poisoning hazards, a 
persistent blood lead level of 15-19 micrograms 
per deciliter; or 

For the purposes of identification, investigation, 
notification, and abatement of lead poisoning 
hazards, a confirmed blood lead level of 20 
micrograms per deciliter or greater. 
"Fr e qu e ntly visit e d" m e ans pr e s e nc e at a dw e lling, 
school or day car e faeility for e ight hours or moro 
a week for throo or moro wooks, or for 8 hour s 
within a period of 10 consecutive days. 
"Lead poisoning hazard" means the presence of 
readily accessible or mouthable lead-bearing 
substances measuring 1.0 milligram per square 
centimeter or greater by X-ray fluorescence 
analyz e r or 0.5 percent or greater by chemical 
analys e s analysis (AAS) ; or 400 parts per million 
or greater in soil; or 15 parts per billion or greater 
in drinking water, water; or 100 micrograms per 



1981 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



square foot or greater for dust on floors; or 500 
micrograms per square foot or greater for dust on 
window sills; or 800 micrograms per square foot 
or greater for dust in window troughs. 

(8) "Managing agent" means any person who has 
charge, care, or control of a building or part 
thereof in which dwelling units or rooming units 
are leased. 

(9) "Mouthable lead-bearing substance" means any 
substance on interior or exterior surfaces or 
fixtures five feet or less from the floor or ground 
that form a protruding corner or similar edge, or 
protrude ]h_ inch or more from a flat wall surface, 
or are free-standing, containing lead-contaminated 
dust at a level that constitutes a lead poisoning 
hazard. Mouthable surfaces or fixtures include 
doors, door jams, stairs, stair rails, windows, 
window sills, and baseboards. 

(10) "Persistent blood lead level" means a blood lead 
concentration determined by a capillary or venous 
blood test performed at least 12 weeks after a 
confirmatory blood test. 

(1 1) (9) "Readily accessible lead-bearing substance " 
means capable of boing chowod, any interior or 
exterior substance containing lead at a level that 
constitutes a lead poisoning hazard which can be 
ingested ingested, or inhaled by a child under six 
years of age. Readily accessible substances include 
deteriorated paint that is peeling, chipping, crack- 
ing, flaking, or chalking. Readily accessible 
substances also include soil and water. 

(12) "Regularly visits" means presence at a dwelling, 
dwelling unit, school, or day care facility for at 
least two days a week for more than three hours 
per day at least twice a month. 

(13) "Supplemental Address" means a dwelling, dwell- 
ing unit, school, or day care facility where a child 
with an elevated blood lead level regularly visits 
or attends. Supplemental address also means a 
dwelling, dwelling unit, school, or day care 
facility where a child resided, regularly visited, or 
attended within the six months immediately pre- 
ceding the determination of an elevated blood lead 
level. 

Statutory Authority G.S. 130A-131.5. 

.3102 REPORTS OF ELEVATED BLOOD 
LEVELS IN CHILDREN 

All laboratories that p e rform blood load tooto doing 
business in this State shall report to the Department elevated 
blood lead levels for children less than six years of age and 
for individuals whoro th e ago is whose ages are unknown at 
the time of testing. Reports shall be made within five 
working days after test completion on forms provided by the 
Department or on self-generated reports containing the 
oquivalont information, forms containing; the child's full 



name, date of birth, sex, race, address, and medicaid 
number, if any; the name, address, and telephone number 
of the requesting health care provider; the name, address, 
and telephone number of the testing laboratory; the labora- 
tory results, the specimen type— venous or capillary; the 
laboratory sample number, and the dates the sample was 
collected and analyzed. Such reports may be made by 
electronic submissions. 

Statutory Authority G.S. 130A-131.5. 

.3103 EXAMINATION AND TESTING 

When the Department has a reasonable suspicion that a 
child less than six years of age who resides in, regularly 
visits or attends a dwelling, dwelling unit, school, or day 
care facility has an elevated blood lead level, the Depart- 
ment shall require that child to be examined and tested 
within 30 days. The Department shall require from the 
owner, managing agent, or tenant of the dwelling, dwelling 
unit, school, or day care facility information on each child 
residing in, regularly visiting, or attending, the dwelling or 
facility. The information required shall include each child's 
name and date of birth, the names and addresses of each 
child's parents, legal guardian, or full-time custodian. The 
owner, managing agent, or tenant shall submit the required 
information within 10 days of receipt of the request from the 
Department. 

Statutory Authority G.S. 130A-131.5. 

.3104 INVESTIGATION TO IDENTIFY LEAD 
POISONING HAZARDS 

(a) When the Department learns of an elevated blood lead 
level the Department shall conduct an investigation to 
identify the lead poisoning hazards to children. Th e D e part 
mont shall also conduct an investigation when it rea s onably 
suspects that a lead poisoning hazard to children exist s in a 
dwelling, dw e lling unit, school, or day oar e faoility ocou 
pied, att e nd e d, or fr e qu e ntly regularly vi s it e d by a child l e ss 
than six yeans of ago. The Department shall investigate the 
dwelling, dwelling unit, school, or day care facility where 
the child with the elevated blood lead level resides, regularly 
visits, or attends. The Department shall also investigate the 
supplemental addresses of the child who has an elevated 
blood lead level. 

(b) In conducting on inv e stigation, th e D e partm e nt may 
tak e sampl e s of surfao e mat e rials or othor mat e rial s suo 
pootod of containing load for analysis and testing. — tf 
samplos are taken, chomical determination of the lead 
oont e nt of tho samples shall b e by atomic absorption 
sp e ctroscopy (AAS) or e quival e nt methods approved by th e 
Department. The Department shall also conduct an investi- 
gation when it reasonably suspects that a lead poisoning 
hazard to children exists in a dwelling, dwelling unit, 
school, or day care facility occupied, regularly visited, or 
attended by a child less than six years of age. 

(c) In conducting an investigation, the Department may 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1982 



PROPOSED RULES 



take samples of surface materials or other materials sus- 
pected of containing lead for analysis and testing. If 
samples are taken, chemical determination of the lead 
content of the samples shall be by atomic absorption 
spectroscopy or equivalent methods approved by the 
Department. 

Statutory Authority G.S. 130A-131.5. 

.3105 NOTIFICATION 

Upon determination that a lead poisoning hazard exists, 
the Department shall give written notice of the lead poison- 
ing hazard to the owner or managing agent of the dwelling, 
dwelling unit, school or day care facility and to all persons 
residing in or attending the «n+t dwelling or facility. The 
written notice to the owner or managing agent shall include 
rceommondod a list of possible methods of abatement of the 
lead poisoning hazard. 

Statutory Authority G.S. 130A-131.5. 

.3106 ABATEMENT 

(a) Upon determination that a child less than six years of 
age has an olovatod a confirmed blood lead level of 20 
micrograms per deciliter or greater and that child resides in, 
attends, or frequently regularly visits, a dwelling, dwelling 
unit, school or day care facility containing lead poisoning 
hazards, the Department shall require abatement of the lead 
poisoning hazard hazards . The Department shall also 
require the abatement of the lead poisoning hazards identi- 
fied at the supplemental addresses of a child less than six 
years of age with a confirmed blood lead level of 20 
micrograms per deciliter or greater. 

(b) When abatement is required under Paragraph (a) of 
this Rule, The the owner or managing agent shall submit a 
written lead poisoning hazard abatement plan to the Depart- 
ment within 14 days of receipt of the lead poisoning hazard 
notification and shall obtain written approval of the plan 
prior to initiating abatement. If the owner or managing 
agent does not submit an abatement plan within 14 days, the 
Department shall issue an abatement order requiring 
submission of an abatement plan within five days of receipt 
of the order. If the abatement plan submitted fails to meet 
the requirements of this Rule, the Department shall issue an 
abatement order requiring submission of a modified abate- 
ment plan. The order shall indicate the modifications which 
must be made to the abatement plan and the date by which 
the modified plan must be submitted to the Department. 
The lead poisoning hazard abatement plan or the abatement 
order shall comply with Paragraphs (c), (d) and (e) of this 
Rule. Abatement shall be completed within 60 days of the 
Department's approval of the abatement plan. If the 
abatement activities are not completed within 60 days as 
required, the Department shall issue an order requiring 
completion of abatement activities. The owner or managing 
agent shall notify the Department and occupants of the dates 
of abatement activities. 



(c) The following methods of abatement of lead poisoning 
hazards in paint are prohibited: 

(1) stripping paint on-site with methylene chlo- 
ride-based solutions; 

(2) torch or flame burning; 

(3) heating paint with a heat gun above 800 degrees 
Fahrenheit; 

(4) covering with new paint, contact papor, or 
non-vinyl wallpaper unless all readily accessible 
lead-based paint has been removed; 

(5) abrasive blasting; or 

(6) waterblasting when average wind speed exceeds 
15 miles per hour unless vertical tarpaulins 
extend from the ground to four feet above the 
surface to be abated. 

(d) All lead-containing waste and residue of the abatement 
of lead shall be removed and disposed of by the person 
performing the abatement in accordance with applicable 
federal, state, and local laws and rules. 

(e) All abatement plans shall require that the lead poison- 
ing hazard be reduced to at least the following levels: 

(1) Floor lead dust levels are less than 100 micro- 
grams per square foot; 

(2) Window sill lead dust levels are less than 500 
micrograms per square foot; 

(3) Window well trough lead dust levels are less 
than 800 micrograms per square foot; 

(4) Soil lead levels are less than 400 parts per 
million; and 

(5) Drinking water lead levels less than 15 parts per 
billion. 

(0 The Department shall verify by visual inspection that 
the approved abatement plan has been completed. The 
Department may also verify plan completion by residual 
lead dust monitoring and soil or drinking water lead level 
measurement. 

Statutory Authority G.S. 130A-131.5. 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19C - OCCUPATIONAL HEALTH 

SECTION .0600 - ASBESTOS HAZARD 
MANAGEMENT PROGRAM 

.0601 GENERAL 

(a) The definitions contained in G.S. 130A-444 and the 
following definitions shall apply throughout this Section: 
(1) "Abatement Designer" means a person who is 
directly responsible for planning all phases of an 
asbestos abatement design from abatement site 
preparation through complete disassembly of all 
abatement area barriers. In addition to meeting 
the accreditation requirements of Rule 
.0602(c)(5) of this Section, the abatement de- 
signer may be subject to the licensure require- 



1983 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



ments for a Registered Architect as defined in 
G.S. 83A or a Professional Engineer as defined 
in G.S. 89C. 

(2) "Abatement Project Monitoring Plan" means a 
written project-specific plan for conducting 
visual inspections and ambient and clearance air 
sampling. 

(3) "Air Monitor" means a person who implements 
the abatement project monitoring plan, collects 
ambient and clearance air samples, performs 
visual inspections, or monitors and evaluates 
asbestos abatement projects. 

(4) "Asbestos Abatement Design" means a written 
or graphic plan prepared by an accredited abate- 
ment designer specifying how an asbestos abate- 
ment project will be performed, and includes, 
but is not limited to. scope of work and techni- 
cal specifications. The asbestos abatement 
designer's signature and accreditation number 
shall be on all such abatement designs. 

(5) "Completion Date" means the date on which all 
activities on a permitted asbestos removal requir- 
ing the use of accredited workers and supervi- 
sors are complete, including the complete disas- 
sembly of all removal area barriers. 

(6) "Emergency Renovation Operation" as defined 
in 40 CFR Part 61.141 as adopted in Rule .0609 
of this Section. 

(7) "Inspector" means a person who examines 
buildings or structures for the presence of asbes- 
tos containing materials, collects bulk samples or 
conducts physical assessments of the asbestos 
containing materials. A person whose asbestos 
inspection activities are limited to roofing prod- 
ucts is not considered an inspector under this 
definition if the person is accredited as a roofing 
supervisor under these Rules. 

(8) "Installation" means any building or structure or 
group of buildings or structures at a single site 
under the control of the same owner or operator. 

(9) "Management Planner" means a person who 
interprets inspection reports, conducts hazard 
assessments of asbestos containing materials or 
prepares written management plans. 

(10) "Nonscheduled Asbestos Removal" means an 
asbestos removal required by the routine failure 
of equipment, which is expected to occur within 
a given period based on past operating experi- 
ence, but for which an exact date cannot be 
predicted. 

(11) "Program" means the Asbestos Hazard Manag e 
mont Branch Health Hazards Control Branch 
within the NC Department of Environment, 
Health, and Natural Resources. 

(12) "Public Area" means as defined in G.S. 
130A^44(7). Any area to which access by the 
general public is usually prohibited, or is usually 



limited to access by escort only, shall not consti- 
tute a "public area. " 

(13) "Regulated Asbestos Containing Material" as 
defined in 40 CFR Part 61.141 as adopted in 
Rule .0609 of this Section. 

(14) "Start Date" means the date on which activities 
on a permitted asbestos removal project requir- 
ing the use of accredited workers and supervi- 
sors begin, including removal area isolation and 
preparation or any other activity which may 
disturb asbestos containing materials. 

(15) "Supervising Air Monitor" means a person who 
prepares a written abatement project monitoring 
plan and implements the plan or ensures that the 
plan is implemented by an air monitor working 
under his supervision. The supervising air 
monitor directs, coordinates and approves all 
activities of air monitors working under his 
supervision. The supervising air monitor may 
also perform the duties of an air monitor. 

(16) "Supervisor" means a person who is a 'compe- 
tent person' as defined in 29 CFR 1926. 1 101(b) 
and adopted by 13 NCAC 7F .0201 and amend- 
ments or recodifications as adopted by the North 
Carolina Department of Labor, and who is an 

on-site representative' as defined in 40 CFR 
Part 61.145(c)(8) as adopted in Rule .0609 of 
this Section, and who performs the duties speci- 
fied therein. 

(17) "Under the direct supervision" means working 
under the immediate guidance of an accredited 
individual who is responsible for all activities 
performed. 

(18) "Worker" means a person who performs asbes- 
tos abatement under the direct supervision of an 
accredited supervisor. 

(19) "Working day" means Monday through Friday. 
Holidays falling on any of these days are 
included in the definition. 

(20) "Class II Asbestos Work" means as defined in 
29 CFR 1926.1101(b) and incorporated by 
reference in Paragraph (c) of this Rule. 

(21) "Roofing Worker" means a person whose duties 
with regard to asbestos are limited to Class II 
asbestos work involving the removal of roofing 
products that are classified as regulated asbestos 
containing material. 

(22) "Roofing Supervisor" means a supervisor as 
defined in Subparagraph (a)(16) of this Rule, 
whose duties with regards to asbestos are limited 
to Class D asbestos work involving only roofing 
products that are classified as regulated asbestos 
containing material. This person may also 
perform asbestos roofing inspection activities 
which are limited to rooting products, including 
the collection of bulk samples. 

(23) "Roofing Products" means asphalt built-up 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1984 



PROPOSED RULES 



roofing systems, roofing membranes, asphalt 
shingles, cement shingles, roofing cements, 
mastics, coatings, panels, light weight roofing 
concrete, and flashings. 

(b) Asbestos management activities conducted pursuant to 
this Section shall comply with "AHERA" as defined in G.S. 
130A-4440) and 40 CFR Part 763, Subpart E and Appendi- 
ces, as applicable. 40 CFR Part 763, Subpart E is hereby 
incorporated by reference, including any subsequent amend- 
ments and editions. This document is available for inspec- 
tion at the Department of Environment, Health, and Natural 
Resources, Asbestos Hazard — Management — Branch, — 444 
North Harrington Stroot Health Hazards Control Branch, 
2728 Capital Blvd. , Raleigh, North Carolina 27603 27604 . 
Copies may be obtained from the Government Printing 
Office by writing to the Superintendent of Documents, 
Government Printing Office. P.O. Box 371954, Pittsburgh, 
PA 15250-7954, at a cost of twenty-six dollars ($26.00). 

(c) 29 CFR 1926.1101 is hereby incorporated by refer- 
ence, including any subsequent amendments and editions. 
This document is available for inspection at the Department 
of Environment, Health, and Natural Resources, Health 
Hazards Control Branch, 2728 Capital Blvd., Raleigh, 
North Carolina 27604. Copies may be obtained from the 
Government Printing Office by writing to die Superintendent 
of Documents, Government Printing Office, P.O. Box 
371954, Pittsburgh, PA 15250-7954, at a cost of twenty-six 
dollars ($26.00). 

Statutory Authority G.S. 130A-5(3); 130A-451; P.L. 99-519. 

.0602 ACCREDITATION 

(a) No person shall perform asbestos management 
activities until that person has been accredited by the 
Program in the appropriate accreditation category, except as 
provided for in G.S. 130A-447, (b) and (c). 

(b) An applicant for accreditation shall meet the provi- 
sions of the "EPA Model Contractor Accreditation Plan" 
contained in 40 CFR Part 763, Subpart E, Appendix C and 
successfully complete applicable training courses approved 
by the Program pursuant to Rule .0603 of this Section. 
However, an applicant applying for roofing worker or 
roofing supervisor accreditation shall only be required to 
successfully complete the applicable training courses as 
described under Rule .061 1 of this Section. 

(c) In addition to the requirements in Paragraph (b) of 
this Rule, an applicant, other than for the worker or roofing 
worker category categories, shall meet the following: 

(1) an applicant for initial accreditation shall have 
successfully completed an approved initial 
training course for the specific discipline within 
the 12 months immediately preceding applica- 
tion. If initial training was completed more than 
12 months prior to application, the applicant 
shall have successfully completed an approved 
refresher training course for the specific disci- 
pline at least every 24 months from the date of 



completion of initial training to the date of 
application; 

(2) an inspector shall have: 

(A) a high school diploma or equivalent; and 

(B) at least three months of asbestos related expe- 
rience as, or under the direct supervision of, 
an accredited inspector, or equivalent experi- 
ence; 

(3) a management planner shall have a high school 
diploma or equivalent and shall be an accredited 
inspector; 

(4) a supervisor or roofing supervisor shall have: 

(A) a high school diploma or equivalent; except 
that this requirement shall not apply to super- 
visors that were accredited on November 1, 
1989; and 

(B) at least three months of asbestos related expe- 
rience as, or under the direct supervision of, 
an accredited supervisor, or equivalent experi- 
ence; 

(5) an abatement designer shall have: 

(A) a high school diploma or equivalent; and 

(B) at least three months of asbestos related expe- 
rience as, or under the direct supervision of, 
an accredited abatement designer, or equiva- 
lent experience; 

(6) an air monitor shall work only under an accred- 
ited supervising air monitor or meet the provi- 
sions of Part (c)(7)(C) of this Rule. However, 
this requirement shall not apply to the owner or 
operator of a building and his permanent em- 
ployees when performing air monitoring in 
non-public areas. In addition, all air monitors 
shall meet the following requirements: 

(A) Education and Work Experience: 

(i) a high school diploma or equivalent; 

(ii) three months of asbestos air monitoring 
experience as, or under the direct supervi- 
sion of, an accredited air monitor or 
equivalent within 12 months prior to ap- 
plying for accreditation; 

(B) Training Requirements: 

(i) complete a Program approved NIOSH 582 
or Program approved NIOSH 582 equiva- 
lent and meet the initial and refresher 
training requirements of this Rule for 
supervisors; Program approved project 
monitor refresher course may be substi- 
tuted for the supervisor refresher course; 
or 

(ii) meet the initial and refresher training 
requirements of this Rule for a Program 
approved five-day project monitor course 
and a Program approved annual refresher 
course; 

(iii) air monitors with a valid accreditation on 
October 1, 1994 shall have until October 



1985 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



1, 1995 to meet the training requirements 
for air monitors set forth in this Para- 
graph; 
(7) a supervising air monitor shall meet the follow- 
ing requirements: 

(A) Education and Work Experience: 

(i) a high school diploma or equivalent; 
(ii) three months of asbestos air monitoring 
experience as, or under the direct supervi- 
sion of, an accredited air monitor or 
equivalent within 12 months prior to ap- 
plying for accreditation; 

(B) Training Requirements: 

(i) complete a Program approved NIOSH 582 
or Program approved NIOSH 582 equiva- 
lent and meet the initial and refresher 
training requirements of this Rule for 
supervisors; a Program approved project 
monitor refresher course may be substi- 
tuted for the supervisor refresher course; 
or 
(ii) meet the initial and refresher training 
requirements of this Rule for a Program 
approved five-day project monitor course 
and a Program approved annual refresher 
course; 
(iii) supervising air monitors with a valid ac- 
creditation on October 1, 1994 shall have 
until October 1, 1995 to meet the training 
requirements for supervising air monitors 
set forth in this Paragraph; 

(C) Professional Status: 

(i) a supervising air monitor who was accred- 
ited as an air monitor on or after February 
1, 1991, or an air monitor accredited prior 
to that date who has not continuously 
maintained accreditation, shall be a Certi- 
fied Industrial Hygienist; 
(ii) a supervising air monitor who was accred- 
ited as an air monitor prior to February 1 , 
1991, who has continuously maintained 
accreditation shall be a Certified Industrial 
Hygienist, Professional Engineer, or Reg- 
istered Architect; 

(D) Air monitors with a valid accreditation on 
January 1, 1995 supervising other accredited 
air monitors shall be deemed to be accredited 
supervising air monitors for the duration of 
their existing air monitor accreditation. 

(d) To obtain accreditation, the applicant shall submit, or 
cause to be submitted, to the Program: 

(1) a completed application on a form provided by 
the Program with the following information: 

(A) full name and social security number of appli- 
cant; 

(B) address, including city, state, zip code, and 
telephone number; 



(C) date of birth, sex, height, and weight; 

(D) discipline applied for; 

(E) name, address, and telephone number of 
employer; 

(F) training agency attended; 

(G) name of training course completed; 
(H) dates of course attended; 

(2) two current 1 'A inch x 1 V* inch color photo- 
graphs of the applicant with applicant's name 
and social security number printed on the back; 

(3) confirmation of completion of an approved initial 
or refresher training course from the training 
agency; the confirmation shall be in the form of 
an original certificate of completion of the 
approved training course bearing the training 
agency's official seal, or an original letter from 
the training agency confirming completion of the 
course on training agency letterhead, or an 
original letter from the training agency listing 
names of persons who have successfully com- 
pleted the training course, with the applicant's 
name included, on the training agency letter- 
head; 

(4) when education is a requirement, a copy of the 
diploma or other written documentation: 

(5) when experience is a requirement, work history 
documenting asbestos related experience, includ- 
ing employer name, address and phone number; 
positions held; and dates when the positions 
were held; and 

(6) when applicants for initial air monitor accredita- 
tion are working under an accredited supervising 
air monitor pursuant to Subparagraph (c)(6) of 
this Rule, the accredited supervising air monitor 
shall submit an original, signed letter acknowl- 
edging responsibility for the applicant's air 
monitoring activities. The applicant shall ensure 
that a new letter is submitted to the Program any 
time the information in the letter currently on 
file is no longer accurate. 

(e) All accreditations shall expire at the end of the 12th 
month following completion of required initial or refresher 
training. Work performed after the 12th month and prior to 
reaccreditation shall constitute a violation of this Rule. To 
be reaccredited, an applicant shall have successfully com- 
pleted the required refresher training course within 24 
months after the initial or refresher training course. An 
applicant for reaccreditation shall also submit information 
specified in Subparagraphs (d)(l)-(d)(6) of this Rule. If a 
person fails to obtain the required training within 12 
calendar months after the expiration date of accreditation, 
that person may be accredited only by meeting the require- 
ments of Paragraphs (b), (c), and (d) of this Rule. 

(f) All accredited persons shall be assigned an accredita- 
tion number and issued a photo-identification card by the 
Program. 

(g) In accordance with G.S. 130A-23, the Program may 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1986 



PROPOSED RULES 



revoke accreditation or reaccreditation for any violation of 
G.S. 130A, Article 19 or the rules in this Section, or upon 
finding that its issuance was based upon incorrect or 
inadequate information that materially affected the decision 
to issue accreditation or reaccreditation. The Program may 
also revoke accreditation or reaccreditation upon a finding 
that the accredited person has violated any requirement 
referenced in Rule .0605(e) of this Section. A person 
whose accreditation is revoked because of fraudulent 
misrepresentations or because of violations that create a 
significant public health hazard shall not reapply for accredi- 
tation before six months after the revocation and shall repeat 
the initial training course and other requirements as set out 
in Paragraphs (h), (c), and (d) of this Rule. 

Statutory Authority G.S. l30A-5(3); 130A-447; P.L. 99-519. 

.0603 APPROVAL OF TRAINING COURSES 

(a) Pursuant to Rule .0602 of this Section, applicants for 
accreditation and reaccreditation are required to successfully 
complete training courses approved by the Program. 
Training courses: 

(1) M ee ting th e requirem e nts of Required or recom- 
mended by 40 CFR Part 763, Subpart E, Appen- 
dix C and approved for a specific training 
provider by the Environmental Protection 
Agency or by a state with an Environmental 
Protection Agency-approved accreditation pro- 
gram, or by a state that has a written reciprocat- 
ing agreement with the Program and meeting the 
requirements under Paragraph (g) of this Rule 
shall be deemed approved by the Program unless 
approval is suspended or revoked in accordance 
with Paragraph (I) of this Rule; 

(2) Required or recommended under 40 CFR Part 
763, Subpart E, Appendix C and having no prior 
Program approval as specified in Subparagraph 
(a)(1) of this Rule shall meet the requirements of 
40 CFR Part 763, Subpart E, Appendix C, I and 
III, and Paragraphs (b) (f) of this Rule; or 

(3-) Recommended under 4 CFR Part 763, Subpart 

E, App e ndix C shall m ee t th e r e quir e m e nts of 
Paragraphs ("b) (0 of this Rul e ; or 

(3) (4) Other than those covered in Subparagraphs 
{4-) — (3) Qj and (2) of this Paragraph required 
for North Carolina accreditation purposes shall 
meet the requirements of Paragraph s (o) (f) of 
this Rule. Roofing worker or roofing supervisor 
courses taught prior to the effective date of these 
Rules and after August 10, 1994, that met the 
requirements of Rule .061 1 of this Section will 
be considered acceptable for accreditation pur- 
poses. 

(b) Refresher training courses shall review and discuss 
changes in the Federal and State regulations, developments 
in the state-of-the-art procedures, and key aspects of the 
initial courses outlined under 40 CFR Part 763, Subpart E, 



Appendix €r C or Rule .0611 of this Section, as applicable. 

(c) At the completion of the refresher training courses in 
all disciplines, the training provider shall administer a 
written closed book examination, approved by the Program. 
The requirements for the examination shall consist of a 
minimum of 25 multiple choice questions. For successful 
completion of the course the applicant shall pass the exam 
with a minimum score of 70 percent. 

(d) Training courses shall be evaluated for approval and 
maintenance by the Program for course administration, 
course length, curriculum, training methods, instructors' 
qualifications, instructors' teaching effectiveness, technical 
accuracy of written materials and instruction, examination, 
and training certificate. The evaluation will be conducted 
using 40 CFR Part 763, Subpart E, Appendix G C, Rule 
.061 1 of this Section, or NIOSH 582 curriculum, as 
applicable, which are hereby incorporated by reference, 
including any subsequent amendments and editions. These 
documents are available for inspection at the Department of 
Environment, Health, and Natural Resources, Asbostoa 
Hazard — Management — B ranch Health Hazards Control 
Branch , 441 North Harrington Street 2728 Capital Blvd. , 
Raleigh, North Carolina 27603 27604 . Copies of 40 CFR 
Part 763, Subpart E, Appendix C may be obtained by 
writing to the Superintendent of Documents, Government 
Printing Office, P.O. Box 371954, Pittsburgh, PA 
15250-7954, at a cost of twenty-six dollars ($26.00). 
Copies of the NIOSH 582 curriculum may be obtained by 
writing the Department of Environment, Health, and Natural 
Resources, Asb e stos Hazard Manag e m e nt Branch Health 
Hazards Control Branch , P.O. Box 27687, Raleigh, NC 
2761 1, at a cost of thirty-five dollars ($35.00). 

(e) Training course providers shall submit the following 
for evaluation and approval by the Program: 

(1) a completed application on a form provided by 
the Program, along with supporting documenta- 
tion. The form and supporting documentation 
shall include the following: 

(A) name, address, and telephone number of the 
training provider, and name and signature of 
the contact person; 

(B) course title, location and the language in which 
the course is to be taught; 

(C) a student manual and an instructor manual for 
each course and a content checklist that identi- 
fies and locates sections of the manual where 
required topics are covered; 

(D) course agenda; 

(E) a copy or description of all audio/visual mate- 
rials used; 

(F) a description of each hands-on training activ- 
ity; 

(G) a copy of a sample exam; 

(H) a sample certificate with the following infor- 
mation; and 
(i) Name and social security number of stu- 
dent; 



1987 



NORTH CAROLINA REGISTER 



November 15, 1995 10J6B 



PROPOSED RULES 



(ii) Training course title specifying initial or 

refresher; 
(iii) Inclusive dates of course and applicable 

examination; 
(iv) Statement that the student completed the 
course and passed any examination re- 
quired; 
(v) Unique certificate number as required; 
(vi) For courses covered under 40 CFR Part 
763, Subpart E, Appendix C, certificate 
expiration date that is one year after the 
date the course was completed and the 
applicable examination passed; 
(vii) Printed name and signature of the training 
course administrator and printed name of 
the principal instructor; 
(viii) Name, address, and phone number of the 
training provider; 
(ix) Training course location; and 
(x) For courses required under 40 CFR Part 
763, Subpart E,. Appendix ^aft state- 
ment that the person receiving the certifi- 
cate has completed the requisite training 
for asbestos accreditation under Title II of 
the Toxic Substances Control Act; and 
(xi) For training courses taught in languages 
other than English, the certificate shall 
indicate the language of the course. 
(I) a list of training currently being provided. 
(2) A list of instructors and their qualifications in 
accordance with Rule .0608 of this Section. 
£fj An a pplication for course approval shall be processed 
as follows: 

(1) The Program shall review the application and 
su pporting documentation submitted pursuant to 
Paragraph (e) of this Rule and advise the appli- 
cant of any deficiencies; 

(2) If the submitted documentation meets all applica- 
ble requirements of this Rule, the Program shall 
notify the applicant of this and also advise the 
applicant that it may contact the Program to 
schedule an on-site audit; a pproval of submitted 
documentation does not constitute course ap- 
proval ; 

(3) If the Program determines, as a result of the 
audit, that the training course meets all applica- 
ble requirements of this Rule, it shall issue 
course approval . If the course does not meet 
these requirements, the Program shall notify the 
applicant of the deficiencies and advise that 
applicant that it may request one additional 
audit, which shall be held no more than six 
months from the date of the first audit; a request 
for audit after that time shall require a new 
application and fee; 

(4) If the Program determines, as the result of the 
second audit, that the training course meets all 



applicable requirements of this Rule, it shall 

issue course approval . If the course does not 

meet all these requirements, the Program shall 

notify the applicant of the deficiencies and 

advise the applicant that it may not reapply for 

course approval for the audited course for a 

period of six months from the date of the last 

audit; 

(5) The Program will not accept certificates for a 

training course that is not approved or deemed 

approved pursuant to thjs Rule. 

Contingent approval shall bo granted by tho Program if tho 

application and supporting documentation moot the criteria 

of Rul e .0603(d) and ( e ) of this S e otion , e xo e pt for toohni 

oal aoouraoy of instruction, instructor e ff e ctiv e ness and 

course administration. Full approval shall bo granted for a 

one year period by tho Program to a course with contingont 

approval aft e r suoo e ssful oompl e tion of an on sit e audit of 

th e oouro e conduct e d in North Carolina. — Th e on site audit 

shall include, but not bo limited to, an evaluation of tho 

following: 

(4-) instructor e ff e ctiv e n e ss; 

f2-) t e ohnioal aocuraoy; 



(3) course administration; and 

{4) course contont. 



(g) Training course providers shall perform the following 
in order to maintain approval: 

(1) Issue a certificate of training meeting the re- 
quirements of Part (e)(1)(H) of this Rule to any 
student who completes the required training and 
passes the applicable examination. 

(2) Submit to the Program written notice of inten- 
tion to conduct a training course for North 
Carolina asbestos accreditation purposes if the 
course is to be taught in North Carolina or if 
requested by the Program. Notices for training 
courses, except asbestos worker, shall be post- 
marked 10 working days before the training 
course begins. Notices for asbestos worker 
training courses shall be postmarked five work- 
ing days before the training course begins. If 
the training course is canceled, the training 
course provider shall notify the Program at least 
2 4 hours before tho one working day prior to the 
scheduled start date. Notification of intent to 
conduct a training course shall be made using a 
form provided by the Program and shall include 
the following: 

Training provider name, address, phone num- 
ber and contact person; 
Training course title; 

Inclusive dates of course and applicable exam; 
Start and completion times; 
Identify whether the course is public offering, 
contract training, or for the training provider's 
employees; 
Location and directions to course facility; and 



(A) 

(B) 
(C) 
(D) 
(E) 



(F) 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1988 



PROPOSED RULES 



(G) Language in which the course is taught. 

taught; and 
(H) Principal instructor. 

(3) Notify the Program, in writing, at least 10 
working days prior to the scheduled course start 
date, of any changes to course length, curricu- 
lum, training methods, training manual or 
materials, instructors, examination, training 
certificate, training course administrator or 
contact person. The changes must be approved 
by the Program in order for the course to be 
acceptable for accreditation purposes. 

(4) Submit to the Program information and docu- 
mentation for any course approved under Sub- 
paragraph (a) (1) (3) of this Rule if requested by 
the Program. 

(5) Ensure that all instructors meet the requirements 
of Rule .0608 of this Section. 

(6) Ensure that all training courses covered under 
this Rule meet the following requirements: 

(A) All training courses shall have a maximum of 
40 students; 

(B) A day of training shall include at least six and 
one-half hours of direct instruction, including 
classroom, hands-on training or field trips; 

(C) Regular employment and instruction time shall 
not exceed 12 hours in a 24 hour period; 

(D) A training course shall be completed within a 
two-week period; 

(E) All instructors and students shall be fluent in 
the language in which the course is being 
taught; 

(F) An interpreter shall not be used; 

(G) Upgrading worker accreditation to that of 
supervisor by completing only one day of 
initial training is not permitted. Separate 
initial training as a supervisor is required, 

(H) A single instructor is allowed only for a 
worker course. Other initial disciplines shall 
have a minimum of two instructors; 
(I) Instructor ratio for hands-on shall be no more 

than 10 students per instructor; 
(J) All course materials shall be in the language in 
which the course is being taught; 

(K) Each training course required by 40 CFR Part 
763, Subpart E, Appendix C, shall be disci- 
pline specific; and 

(L) Students shall be allowed to take an examina- 
tion no more than twice for each course. 
After two failures, the student shall retake the 
full course before being allowed to ret e st. 
retest; and 

(M) Training providers shall provide examination 
security to prevent student access to the exami- 
nation materials before and after the exam. 
Training providers shall take measures to 
preclude cheating during the exam, such as 



providing space between students, prohibiting 
talking, and monitoring students throughout the 
exam. 

(7) Verify, by photo identification, the identity of 
any student requesting training. 

(8) For each course approved or deemed approved 
by the Program under Paragraph (a) of this Rule 
and taught in North Carolina, the training pro- 
vider shall submit a completed renewal applica- 
tion on a form provided by the Program. Effec- 
tive January 1, 1995, a renewal application shall 
be submitted prior to the next course offering 
and annually thereafter. If an annual training 
course renewal lapses, the provider shall submit 
a renewal application prior to offering the course 
again in North Carolina. 

(9) Training courses required or recommended 
under 40 CFR Part 763, Subpart E± Appendix 
C, shall meet the requirements therein. 

(10) All work practice and worker protection demon- 

strations and hands-on exercises, including but 
not limited to respirator fit testing, presented in 
all training courses covered under this Rule shall 
be conducted following the procedures provided 
in 29 CFR 1926. 1 101 as incorporated by refer- 
ence in Rule .0601(c) of this Section. 
(h) Training course providers shall permit Program 
representatives to attend, evaluate and monitor any training 
course, take the course examination and have access to 
records of training courses without charge or hindrance to 
the Program for the purpose of evaluating compliance with 
40 CFR Part 763, Subpart E, Appendix C and these Rules. 
The Program shall perform periodic and unannounced 
on-site audits of training courses. 

(i) In accordance with G.S. 130A-23, the Program may 
suspend or revoke approval for a training course for 
violation of this Rule and shall suspend or revoke approval 
upon susp e nsion or revocation of approval by the Environ- 
mental Protection Agency or by any state with an Environ- 
mental Protection Agency-approved accreditation program. 
A training provider whose approval has been revoked by the 
Program shall not reapply for approval for one year. The 
Program shall also revoke course approval for all courses 
taught by a training provider upon a finding that the training 
course provider has issued one or more certificates to an 
individual who did not actually attend the course, either 
initial or refresher, and pass the examination. When course 
approval is revoked for improper issuance of certificates, 
the training course provider may not reapply for course 
approval for a period of three years from the date of 
revocation. 

Statutory Authority G.S. 130A-5(3j; 130A-447; P.L. 99-519. 

.0605 ASBESTOS CONTAINING MATERIALS 
REMOVAL PERMITS 

(a) No person shall remove more than 35 cubic feet (1 



1989 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



cubic meter), 160 square feet (15 square meters) or 260 
linear feet (80 linear meters) of regulated asbestos contain- 
ing material, without a permit issued by the Program. This 
permitting requirement is applicable to: 

(1) individual removals that exceed the threshold 
amounts addressed in this Paragraph; 

(2) nonscheduled asbestos removals conducted at an 
installation that exceed the threshold amounts 
addressed in this Paragraph in a calendar year of 
January 1 through December 31. 

Other asbestos abatement activities are exempt from the 
permit requirements of G.S. 130A-449. 

(b) All applications shall be made on a form provided or 
approved by the Program. The application submittal shall 
include at least all of the information specified under the 
notification requirements of 40 CFR Part 61.145(b), Subpart 
M as adopted in Rule .0609 of this Section. Applications 
for asbestos containing material removal permits shall 
adhere to the following schedule. 

(1) Applications for individual asbestos removals 
shall be postmarked or received by the Program 
at least 10 working days prior to the scheduled 
removal start date. For emergency renovation 
operations involving asbestos removal, the 10 
working days notice shall be waived. An appli- 
cation for a permit for the emergency renovation 
operation shall be postmarked or received by the 
Program as early as possible before, but not 
later than, the following working day. Permit 
applications for emergency renovation operations 
shall be accompanied by a letter from the owner 
or his representative explaining the cause of the 
emergency; 

(2) Applications for nonscheduled asbestos removals 
shall be postmarked or received by the Program 
at least 10 working days before the start of the 
calendar year and shall expire on or before the 
last day of the same calendar year. Reports of 
the amount of regulated asbestos containing 
material removed shall be made at least quar- 
terly to the Program. 

(c) Application for revision to an issued asbestos removal 
permit shall be made by the applicant in writing on a form 
provided by the Program and shall be received by the 
Program in accordance with the following: 

(1) Revision to a start date for a project that will 
begin after the start date stated in the approved 
permit shall be received on or before the previ- 
ously stated start date or previously revised start 
date; 

(2) Revision to a start date for a project that will 
begin before the start date stated in the approved 
permit shall be received at least 10 working days 
before the new start date; 

(3) Revision to a completion date that will be ex- 
tended beyond the completion date stated in the 
approved permit shall be received by the original 



or previously revised completion date; 

(4) Revision to a completion date that will be earlier 
than the completion date stated in the approved 
permit shall be received by the new completion 
date; and 

(5) Revisions to permits other than start or comple- 
tion dates shall be submitted to the Program 
prior to initiating the activity which the revision 
addresses. 

(d) The following shall be maintained on site during 
removal activities and be immediately available for review 
by the Program: 

(1) a copy of the removal permit issued by the 
Program and all revisions with the Program's 
confirmation of receipt; 

(2) a copy of applicable asbestos abatement design 
and project monitoring plan; and 

(3) photo identification cards issued by the Program 
for all accredited personnel performing asbestos 
management activities. 

(e) All permitted removal activities shall be conducted in 
accordance with 40 CFR Parts 61 and 763, Subpart E, 
where applicable. Notwithstanding p e rmit susp e nsion or 
revocation if the removal activities aro in violation of 
Department of Labor rules found at Chapter 7, Title 13 of 
th e North Carolina Administrative Code, D e partm e nt of 
Transportation ruloo found at Titl e 19A, of th e North 
Carolina Administrative Code, or Solid Waste Management 
rules found at Chapter 13, Title 15A of the North Carolina 
Administrativ e Cod e , as d e t e rmin e d by th e agencies admin 
iotoring those Rules, respectively. Notwithstanding permit 
suspension or revocation for violation of the rules of this 
Section, an asbestos removal permit shall also be subject to 
suspension or revocation if the removal activities are in 
violation of the following provisions with regard to asbestos 
abatement, as determined by the agencies which administer 
these rules: 

(1) Department of Labor rules foun d at Chapter Xi 
Title 13 of the North Carolina Administrative 
Code; 

Department of Transportation rules found at 
Title 19A, of the North Carolina Administrative 
Code; or 

Solid Waste Management rules found at Chapter 
13, Title 15A of the North Carolina Administra- 
tive Code. 



(2) 



(31 



(f) All permitted removals shall be conducted under the 
direct supervision of an accredited supervisor, supervisor, 
except that permitted removals of roofing products may be 
conducted under the direct supervision of an accredited 
roofing supervisor. The supervisor or roofing supervisor, 
as applicable, shall be on-site at all times when removal 
activities are being performed. 

(g) An asbestos abatement design shall be prepared by an 
accredited abatement designer for each individually permit- 
ted removal of more than 3000 square feet (281 square 
meters), 1500 linear feet (462 meters) or 656 cubic feet (18 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



1990 



PROPOSED RULES 



cubic meters), of regulated asbestos containing materials 
conducted in public areas. 

(h) In accordance with G.S. 130A-23, the Program may 
suspend or revoke the permit for any violation of G.S. 
130A, Article 19 or any of the rules of this Section. The 
Program may also revoke the permit upon a finding that its 
issuance was based upon incorrect or inadequate information 
that materially affected the decision to issue the permit. 

(i) A waste shipment record shall be submitted to the 
Program for all asbestos removal projects permitted under 
this Rule. This submittal shall be made on a form provided 
or approved by the Program. This form shall include at least 
all of the information specified under the waste shipment 
record requirements of 40 CFR Part 61. Subpart M, Section 
61.150(d) as adopted in Rule .0609 of this Section. 



.0606 FEES 

(a) The fee required by G.S. 130A-450 shall be submitted 
with an application for the asbestos containing material 
removal permit. The fees shall be as follows: 

i 1 ) Fees for the removal of floor tiles, cementitious 

asbestos containing wallboard or panels and 
asbestos containing roofing material shall be one 
percent of the contract price or ten cents ($0. 10) 
per square foot, whichever is greater; 

(2) Fees for the removal of ceiling tiles shall be one 
percent of the contract price or ten cents ($0. 10) 
per square foot, whichever is greater; 

(3) Fees for the removal of surfacing material, 
thermal system insulation and other asbestos 
containing materials shall be one percent of the 
contract price or twenty cents ($0.20) per square 
or linear foot, whichever is greater; 

(4) Fees for demolition shall be a maximum of three 
hundred dollars ($300.00). Demolition, for the 
purposes of this Rule only, means the act of 
razing a building or structure, or portion 
thereof, to the ground. Removal of regulated 
asbestos containing material from any 
undemolished portion of a building or structure 
shall be permitted as an individual asbestos 
removal; and 

(5) An owner of any single family dwelling in 
which the owner resides or will reside after the 
asbestos removal is complete is exempt from 
permit fees. 

A permit shall not be issued until the required fee is paid. 

(b) The fee required by G.S. 130A-448(a) shall be 
submitted with an application for accreditation or reaccredi- 
tation. The amount of the fee shall be one hundred dollars 
($100.00) for each category, except that the fee for persons 
applying for accreditation or reaccreditation as workers or 
roofing workers shall be twenty-five dollars ($25.00). 
However, if a person applies for accreditation or reaccredi- 
tation in more than one category per calendar year, the 



amount of the fee shall be one hundred dollars ($100.00) for 
accreditation or reaccreditation in the first category and 
seventy-five ($75.00) for accreditation or reaccreditation in 
each remaining category, except for workers. A person 
shall not be accredited or reaccredited until the required fee 
is paid. 

(c) The fees required by G.S. 130A-448(b) shall be 
submitted with the application for each initial course 
approval and each renewal course approval. The amount of 
the fee shall be one thousand five hundred dollars 
($1,500.00) for each initial course approval and two 
hundred dollars ($200.00) for each renewal course approval. 



Statutory Authority G.S. 130A-5(3); 
130A-448(b); 130A-450; P.L. 99-519. 



130A-448(a); 



Statutory Authority G.S. 130A-5(3); 130A-449; P.L. 99-519. .0607 



ASBESTOS EXPOSURE STANDARD FOR 
PUBLIC AREAS 

(a) The maximum allowable ambient asbestos level in the 
air for public areas shall be: 

(1) 0.01 fibers per cubic centimeter as analyzed by 
phase contrast microscopy, or 

(2) arithmetic mean of less than or equal to 70 
structures per millimeter square as analyzed by 
transmission electron microscopy, or 

(3) a Z-Test result that is less than or equal to 1.65 
as analyzed by transmission electron micros- 
copy. 

(b) For individually permitted asbestos removals, ambient 
air sampling shall be conducted in public areas adjacent to 
the work area. Initial sampling shall be conducted on the 
day that regulated asbestos containing material removal 
begins. The sampling shall continue on a daily basis unless, 
or until, the supervising air monitor specifies differently. 
Potential public asbestos exposure shall be considered when 
determining the frequency and location of the sampling. 

(c) Clearance air sampling shall be conducted in accor- 
dance with Paragraphs (d) and (e) of this Rule for all 
permitted asbestos removal projects conducted in public 
areas. Permitted asbestos removals projects involving less 
than or equal to J_0 square feet Q square meter) or 25 linear 
feet [8 linear meters) of regulated asbestos containing 
materials are exempt from the clearance air sampling 
requirements. Clearance air samples shall be analyzed by: 

(1) transmission electron microscopy and comply 
with the levels specified under Subparagraph 
(a)(2) or (a)(3) of this Rule for each individually 
permitted removal of more than 3000 square feet 
(281 square meters), 1500 linear feet (462 
meters), or 656 cubic feet (18 cubic meters) of 
regulated asbestos containing material; or 

(2) transmission electron microscopy or phase 
contrast microscopy and comply with the levels 
specified in Paragraph (a) for all other permitted 
asbestos removals. 

Clearance air sampling is not required for buildings that are 
demolished within six months from the completion date of 



1991 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



the asbestos removal if the building will not be reoccupied 
by the public or unprotected workers at any point after the 
asbestos removal. Demolition, for the purpose of this Rule, 
means as defined in Rule .0606(a)(4) of this Section . 

(d) Phase contrast microscopy and transmission electron 
microscopy sampling and analysis methods shall be con- 
ducted in accordance with 40 CFR Part 763, Subpart E. 

(e) Sample analysis for phase contrast microscopy or 
transmission electron microscopy samples shall be per- 
formed by a laboratory meeting the requirements of P.L. 
99-519 and 40 CFR 763 and accompanying appendices. 
Laboratories performing phase contrast microscopy analysis 
pursuant to this Rule shall have a rating of proficient by the 
American Industrial Hygiene Association's Proficiency 
Analytical Testing Program. P e rsons p e rforming phas e 
contrast microscopy analysis shall havo succe s sfully com 
plotod a NIOSH 5 8 2 or a NIOSH 5 8 2 equivalent training 
oours e . Persons Individuals performing phase contrast 
microscopy analysis at the asbestos removal location shall be 
rated proficient in the American Industrial Hygiene Associa- 
tion's Asbestos Analysts Registry Program. If all 
microscopists in a particular laboratory performing phase 
contrast microscopy analysis are rated as proficient by the 
Asbestos Analysts Registry Program, enrollment in the 
Proficiency Analytical Testing Program is not required. 

(f) A final visual inspection shall be conducted by an 
accredited air monitor or an accredited supervising air 
monitor for all permitted asbestos removals conducted in 
public areas. This visual inspection shall be conducted prior 
to clearance air sampling. The final visual inspection shall 
assure that all asbestos containing residue, dust, and debris 
and asbestos contaminated equipment has been removed. 

(g) Any person performing ambient or clearance air 
sampling or visual inspection during an asbestos removal as 
specified under Paragraphs (b), (c), and (0 of this Rule 
shall be retained by the building owner. Neither the 
accredited supervising air monitor nor accredited air monitor 
shall be employed by the contractor hired to conduct the 
asbestos removal except that: 

(1) this restriction in no way applies to personal 
samples taken to evaluate worker exposure as 
required by Occupational Safety and Health Act; 
and 

(2) this restriction shall not apply when the contrac- 
tor and air monitor have disclosed their associa- 
tion to the building owner and the building 
owner approves this association in writing. 

(h) For air sampling and visual inspections conducted 
under Paragraphs (b), (c), and (f) of this Rule, the supervis- 
ing air monitor shall: 

(1) Prepare, prior to the removal start date, an 
abatement project monitoring plan which takes 
into consideration at least the abatement project 
scope of work, building use, occupant locations 
and their potential for exposure to airborne 
asbestos fibers, type of asbestos containing 
material, and the asbestos abatement design. 



including work practices and engineering con- 
trols. The plan shall include air sampling proce- 
dures, air sample locations and air sampling 
frequency. This sampling plan may be amended 
by the supervising air monitor as needed. This 
requirement shall apply to each individually 
permitted removal of more than 3000 square feet 
(281 square meters), 1500 linear feet (462 
meters), or 656 cubic feet (18 cubic meters) of 
regulated asbestos containing materials; 

(2) Ensure that ambient air sampling results shall be 
available on-site: 

(A) within 24 hours of sample collection and 
analysis by phase contrast microscopy; 

(B) within 48 hours of sample collection and 
analysis by transmission electron microscopy; 

(3) Personally inspect any individually permitted 
asbestos removal project: 

(A) that exceeds 10 working days in length, but 
does not exceed 30 working days, at least 
once; or 

(B) that exceeds 30 working days in length, at 
least once in the first 30 working days and at 
least once every 30 working days thereafter; 

(4) Prepare a written, signed and dated report 
documenting all site visits made to the removal, 
final visual inspection, and all ambient and 
clearance air sampling conducted. This report 
shall be supplied by the supervising air monitor 
to the building owner. The building owner shall 
supply a copy of the report to the Program upon 
request. 

Statutory Authority G.S. BOAS (3); 130A-446; P.L. 99-519. 

,0608 TRAINING COURSE INSTRUCTOR 
QUALIFICATIONS 

(a) Any person seeking approval as an instructor for 
courses covered under 40 CFR Part 763, Subpart E, 
Appendix C^ C and Rule .0603(a)(3) and .0611 of this 
Section shall meet the applicable requirements listed in this 
Rule. 

(b) Ail training course providers shall submit, or cause to 
be submitted, to the Program the following: 

(1) a completed application on a form provided by 
the Program with the following information: 

(A) name, address, and telephone number of the 
applicant; 

(B) name, address and telephone number of the 
training provider that is employing the appli- 
cant; 

(2) when training course completion is a require- 
ment, confirmation of completion of an ap- 
proved training course; the confirmation shall be 
in the form of an original certificate of comple- 
tion of the approved training course or the 
following information: the course title, dates of 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1992 



PROPOSED RULES 



instruction, names of instructors, name, address 
and telephone number of the training provider; 

(3) when education is a requirement, a copy of the 
diploma or other written documentation; 

(4) when work experience is a requirement, docu- 
mentation of relevant work history, including 
employer name, address and telephone number, 
positions held, dates when positions were held, 
and copies of any licenses, registrations, certifi- 
cations or accreditations that are relevant to the 
subject matter to be taught; and 

(5) when experience as an instructor is a require- 
ment, documentation of relevant instructional 
experience including name of training courses 
taught, topics taught for each course, inclusive 
dates of each training course, and name, address 
and telephone number of each training organiza- 
tion for which experience is claimed. 

(c) Work practice topics for each shall include: 

( 1 ) for the worker and roofing worker courses 
course : state-of-the-art work practices; 

(2) for the supervisor and roofing supervisor courses 
cours e: state-of-the-art work practices, and 
techniques for asbestos abatement activities; 

(3) for the inspector course: pre-inspection planning 
and review of previous inspection records, 
inspecting for friable and nonfriable asbestos 
containing materials and assessing the condition 
of friable asbestos containing materials, bulk 
sampling/documentation of asbestos in schools, 
recordkeeping and writing inspection reports; 

(4) for the management planner course: evalua- 
tion/interpretation of survey results, hazard 
assessment, developing an operations and main- 
tenance plan, recordkeeping for the management 
planner, and assembling and submitting the 
management plan; 

(5) for the abatement designer course: safety system 
design specifications, designing abatement 
solutions, budgeting/cost estimation, writing 
abatement specifications, preparing abatement 
drawings and occupied buildings; and 

(6) for the project monitor course: asbestos abate- 
ment contracts, specifications and drawings, 
response actions and abatement practices, air 
monitoring strategies, conducting visual inspec- 
tions, and recordkeeping and report writing. 

(d) Instructors for work practice topics, hands-on exer- 
cises, workshops, or field trips where required for courses 
covered under 40 CFR Part 763, Subpart E, Appendix C 
shall meet the following requirements as applicable: 

( 1 ) For the worker initial and refresher and the 

supervisor initial and refresher courses: 

(A) the applicant shall have successfully completed 
the initial and subsequent refresher training 
course requirements for supervisor; and 

(B) the applicant shall meet at least one of the 



following education and asbestos work experi- 
ence combinations: 
(i) If the applicant does not possess either a 
high school diploma or equivalent, the 
applicant shall: 
(I) have at least 1440 hours experience in 
a worker or supervisory capacity in a 
contained work area; and 
(II) have at least 360 hours as an instructor 
in an Environmental Protection 
Agency-approved or Environmental 
Protection Agency state approved 
worker course, 
(ii) If the applicant possesses either a high 
school diploma or equivalent, the applicant 
shall: 

(I) have at least 960 hours experience in a 
worker, supervisory, or consulting 
capacity in a contained work area; or 

(II) have at least 240 hours as an instructor 
in an Environmental Protection 
Agency-approved or Environmental 
Protection Agency state approved as- 
bestos worker or supervisor course or 
other occupational safety and health or 
environmental courses required to meet 
federal and state regulations, 
(iii) If the applicant possesses at least an asso- 
ciate degree from a regionally accredited 
college or university, the applicant shall: 
(I) have at least 480 hours experience in a 
worker, supervisory, or consulting 
capacity in a contained area; or 
(II) have at least 120 hours as an instructor 
in an Environmental Protection 
Agency-approved or Environmental 
Protection Agency state approved as- 
bestos worker or supervisor course or 
other occupational safety and health or 
environmental courses required to meet 
federal and state regulations. 
(2) For the inspector initial and refresher courses: 

(A) the applicant shall have successfully completed 
the initial and subsequent refresher training 
course requirements for inspector; and 

(B) the applicant shall meet at least one of the 
following education and asbestos work experi- 
ence combinations: 

(i) If the applicant possesses either a high 

school diploma or equivalent, the applicant 

shall: 

(I) have documented experience, including 

asbestos inspections in at least 

1,000,000 square feet of building space 

in the past three years; or 

(II) have at least 60 hours as an instructor 
in an Environmental Protection 



I 



♦ 



♦ 



1993 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



Agency -approved or Environmental 
Protection Agency state approved in- 
spector course or other occupational 
safety and health or environmental 
courses required to meet federal and 
state regulations, 
(ii) If the applicant possesses at least an asso- 
ciate degree from a regionally accredited 
college or university, the applicant shall: 
(I) have documented experience, including 
asbestos inspections in at least 500,000 
square feet of building space in the past 
three years; or 
(II) have at least 40 hours as an instructor 
in an Environmental Protection 
Agency-approved or Environmental 
Protection Agency state approved in- 
spector course or other occupational 
safety and health and environmental 
courses required to meet federal and 
state regulations. 
(3) For the management planner initial and refresher 
courses: 

(A) the applicant shall have successfully completed 
the initial and subsequent refresher training 
course requirements for management planner; 
and 

(B) the applicant shall meet at least one of the 
following education and asbestos work experi- 
ence combinations: 

(i) If the applicant possesses either a high 
school diploma or equivalent, the applicant 
shall: 
(I) have documented management planning 
experience showing at least 25 manage- 
ment plans or reinspection reports 
written in the past three years, or docu- 
mented experience as the management 
consultant for at least 25 asbestos pro- 
jects in the past three years, or a com- 
bination of management plans and 
projects managed; or 
(II) have at least 48 hours as an instructor 
in an Environmental Protection 
Agency-approved or Environmental 
Protection Agency state approved man- 
agement planner course or other occu- 
pational safety and health or environ- 
mental courses required to meet federal 
and state regulations, 
(ii) If the applicant possesses at least an asso- 
ciate degree from a regionally accredited 
college or university, the applicant shall: 
(I) have documented management planning 
experience showing at least 12 manage- 
ment plans or reinspection reports 
written in the past three years, or docu- 



mented experience as the management 
consultant for at least 12 asbestos pro- 
jects in the past three years, or a com- 
bination of management plans and 
projects managed; or 
(II) have at least 32 hours as an instructor 
in an Environmental Protection 
Agency-approved or Environmental 
Protection Agency state approved man- 
agement planner course or other occu- 
pational safety and health or environ- 
mental courses required to meet federal 
and state regulations. 

(4) For the project designer initial and refresher 
courses: 

(A) the applicant shall have successfully completed 
the initial and subsequent refresher training 
course requirements for abatement project 
designer; and 

(B) the applicant shall meet at least one of the 
following education and asbestos work experi- 
ence combinations: 

(i) If the applicant possesses either a high 
school diploma or equivalent, the applicant 
shall: 
(I) have documented asbestos abatement 
project design experience including the 
design of at least 12 asbestos projects 
in the past three years; or 
(II) have at least 30 hours as an instructor 
in an Environmental Protection 
Agency-approved or Environmental 
Protection Agency state approved 
abatement project designer course or 
other occupational safety and health 
and environmental courses required to 
meet federal and state regulations, 
(ii) If the applicant possesses at least an asso- 
ciate degree from a regionally accredited 
college or university, the applicant shall: 
(I) have documented asbestos abatement 
project design experience, including the 
design of at least six asbestos projects 
in the past three years; or 
(II) have at least 20 hours as an instructor 
in an Environmental Protection 
Agency-approved or Environmental 
Protection Agency state approved 
abatement project designer course or 
other occupational safety and health 
and environmental courses required to 
meet federal and state regulations. 

(5) For the project monitor initial and refresher 
courses: 

(A) the applicant shall meet the qualifications for 
project designer instructor under Subparagraph 
(d)(4) of this Rule or the qualifications for 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1994 



PROPOSED RULES 



supervisor instructor under Subparagraph 
(d)(1) of this Rule to teach the work practice 
topics of asbestos abatement contracts, specifi- 
cations and drawings or response action and 
abatement practices; 
(B) the applicant for work practice topics of air 
monitoring strategies, conducting visual in- 
spections, and recordkeeping and report writ- 
ing shall: 
(i) possess either a high school diploma or 

equivalent; 
(ii) successfully complete a NIOSH 582 course 
or Program approved equivalent, or a 
Program approved project monitor course; 
and 
(iii) have documented asbestos air monitoring 
experience on at least six asbestos remov- 
als. 
(6) All instructors approved under Paragraph (d) of 
this Rule shall take a refresher training in at 
least one discipline from a training provider 
other than their employer every other year. 

(e) Instructors who will teach one or more segments of a 
training courses course covered under 40 CFR Part 763, 
Subpart E, Appendix €- C± Rule .0603(a) or Rule .0611 of 
this Section (other oth e r than work practice topics, hands-on 
exercises, workshops, or field trips trips) shall meet the 
following requirements: 

(1) be actively working in the field of expertise in 
which training is conducted; and 

(2) have a minimum of a high school diploma or 
equivalent. 

(f) Instructors for a Program approved NIOSH 582 or 
Program approved equivalent shall meet the following 
requirements: 

(1) have a high school diploma or equivalent; 

(2) attend the National Institute for Occupational 
Safety and Health's NIOSH 582 training course; 
and 

(3) for teaching the NIOSH 7400 Method, have at 
least three months work experience as a micros- 
copist performing analysis using the NIOSH 
7400 Method. 

(g) Instructors who teach work practice or hands-on 
topics in Program approved roofing worker or roofing 
supervisor initial or refresher courses shall meet the follow- 
ing requirements: 

( 1 ) have a high school diploma or equivalent; 

(2) successfully complete either an initial asbestos 
supervisor or initial asbestos roofing supervisor 
course, and subsequent annual refreshers 
courses; 

(3) successfully complete an initial asbestos inspec- 
tor course; and 

(4) have at least three months' experience as a 
roofing supervisor or foreman . 



Statutory Authority G.S. 130A-447; P.L. 99-519. 

.0609 ASBESTOS NESHAP FOR 

RENOVATIONS AND DEMOLITIONS 

(a) Each owner or operator of a renovation or demolition 
activity, as defined in 40 CFR 61.141, shall comply with all 
applicable requirements of the Asbestos National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for 
renovations and demolitions as found in 40 CFR Part 61, 
Subparts A and M. 40 CFR Part 61, Subparts A and M are 
hereby incorporated by reference, including any subsequent 
amendments and editions. This document is available for 
inspection at the Department of Environment. Health, and 
Natural Resources, Aob o sto s Hazard Manag e ment Branch 
Health Hazards Control Branch , '1 41 North Harrington 
Stroot 2728 Captial Blvd. , Raleigh, North Carolina. Copies 
may be obtained free of charge by writing the A s be s to s 
Hazard — Manag e m e nt — Branch Health Hazards Control 
Branch , P.O. Box 27687, Raleigh, North Carolina 27611. 

(b) All reports, applications, submittals, and other 
communications required to be submitted under Paragraph 
(a) of this Rule shall be submitted to the Director, Division 
of Epidemiology, rather than to the Environmental Protec- 
tion Agency, except that such asbestos NESHAP documents 
pertaining to renovations and demolitions within local air 
pollution program jurisdictions shall be submitted to the 
local program. 

Statutory Authority G.S. 130A-451. 

.0611 REQUIREMENTS FOR ASBESTOS 
ROOFING TRAINING COURSES 

(a) Pursuant to Rule .0602 of this Section, applicants for 
accreditation and reaccreditation as a roofing worker or 
roofing supervisor are required to successfully complete a 
training course approved by the Program under this Rule. 
Initial and refresher training courses for roofing workers 
and roofing supervisors shall meet requirements of this Rule 
and Rule .0603 of this Section. 

(b) Initial training courses for roofing workers shall be at 
least one day in length and cover the following topics: 

(1) Physical characteristics of asbestos, including the 
identification of asbestos, the aerodynamic 
characteristics, and the typical uses of asbestos 
in roofing materials: 

(2) Health effects related to asbestos exposure, 
including the nature of asbestos related diseases, 
the routes of exposures, the dose-response 
relationship, the lack of a safe exposure level, 
the latency period, cigarette smoking and asbes- 
tos exposure, medical surveillance programs, 
and information on smoking cessation programs; 

(3) State-of-the art work practices, including proper 
work techniques to minimize fiber release, 
removal procedures for cement roofing products 
versus built-up roofing products, discussion of 
prohibited work practices, wetting, hand tools. 



1995 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



power tools, HEPA vacuumed tools, waste 
disposal procedures, and controlling access to 
work areas; 

(4) Personal protection equipment, including the 
classes and characteristics of respirator types, 
limitations, proper selection, inspection, don- 
ning, use and storage procedures for respirators, 
fit testing, components of a proper respiratory 
protection program, selection and use and stor- 
age of non-disposable clothing, hard hats, safety 
glasses, and non-slip shoes; 

(5) Personal hygiene, including entry and exit 
procedure for the work area, avoidance of 
eating, smoking, and chewing in the work area, 
and potential exposures, such as family expo- 
sures; 

(6) Safety practices and hazard prevention during 
removal of roofing materials and emergency 
procedures, including hazards posed by wet 
working conditions, electrical hazards, slips, 
trips, heat/cold stress, falls, and scaffold and 
ladder hazards; and 

(7) Review of state, federal, and local rules and 
regulations, including, an overview of the asbes- 
tos regulations under the National Emission 
Standards for Hazardous Air Pollutants (40 CFR 
Part 61, Subpart M), Occupational Safety and 
Health Act (29 CFR 1926.1101), these Rules, 
and other pertinent rules and regulations. 

(c) Initial training courses for roofing supervisors shall be 
at least two days in length and cover the topics under 
Paragraph (b) of this Rule. The following additional topics 
shall be covered in roofing supervisor courses: 

(1) Discussion of the competent person duties 
required by the Occupational Safety and Health 
Act, Asbestos Construction Standard, 29 CFR 
1926.1101(0), as adopted by O NCAC 7F 
.0201 and amendment or recodification as 
adopted by the North Carolina Department of 
Labor; 



(2) Pre-work activities and considerations, including 
the determination of asbestos containing roofin g 
products, bulk sampling procedures, analytical 
methods, inspection re ports, and air monitoring 
procedures; 

(3) Assessment of the work area, including isolation 
of the work area, considerations if the work area 
is adjacent to an occupied area, and items 
requiring special protection; 

(4) Site considerations and preparations, designating 
the regulated areas, setting up the barricade, and 
warning signs; and 

(5) Supervisory techniques, including worker train- 
ing, housekeeping, recordkeeping, and documen- 
tation requirements. 

(d) The state-of-the-art work practice topics shall include 
a segment of hands-on activities, which allows the students 
an opportunity to use and handle equipment found on 
asbestos roofing projects. The hands-on activities shall be 
a minimum of two hours for the roofing worker course and 
four hours for roofing supervisor course. 

(e) The refresher training course for roofing workers shall 
be at least one-half day and the roofing supervisor course 
shall be at least one day in length. These courses shall 
review and discuss changes in the Federal and State regula- 
tions, developments in the state-of-the-art work procedures, 
and key aspects of the initial courses as provided in Para- 
graphs (b) and (c) this Rule. 

(f) At the completion of the initial roofing worker and 
roofing supervisor course the training provider shall admin- 
ister a written closed book examination, approved by the 
Program. The examination shall be in multiple choice 
format, with a minimum of 50 questions for the roofing 
supervisor course and 25 questions for the roofing worker 
course. For successful completion of the course, the student 
shall pass the examination with a minimum score of 70 
percent. The refresher training course examination for these 
disciplines shall meet the requirements of Rule .0603(c) ot 
this Section. 

Statutory Authority G.S. 130A-447. 



CHAPTER 25 - LOCAL STANDARDS 
SECTION .0200 - STANDARDS FOR LOCAL HEALTH DEPARTMENTS 

.0213 FOOD, LODGtNG/CMST SANITATION/PUBLIC SWIMMING POOLS/SPAS 

(a) A local health department shall provide food, lodging, and institutional sanitation and public swimming pools and spas 
services within the jurisdiction of the local health department. A local health department shall establish, implement, and 
maintain written policies which shall include: 

(1) The frequency of inspections of food, lodging, and institutional facilities and public swimming pools and spas 
with the following being the minimum: 



Type of Establishment 



Frequency 



Bed and breakfast homes 
Bed and breakfast inns 



1 /year 

1/6 months 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1996 



PROPOSED RULES 



Catered Elderly Nutrition Sites 
Child day-care facilities 

Commissary for Pushcart or Mobile Food Unit 
Institutions 

Limited Food Service Establishments 
Local confinement facilities 
Lodging 
Meat markets 

Moot markets which are c l osed for a 
period of 60 dnyo or mor e 

Migrant housing water and sewage 

evaluation 
Mobile food units 

Private boarding schools and colleges 
Public swimming pools and spas which 

operate only between April \_ and 

October 31 each year 
Public swimming pools and spas which operate 

at times other than between April 1 and 

October 31 each year 
Pushcarts 

Residential care facilities 
Restaurants 
Schools 
Summer camps 



1 /year 

2/year 

1 /quarter 

2/ycar 6 months 

1 /quarter 

1/year 

1/year 

4 /year 1 /quarter 

1/3 months 
of op e ration 
(or part ther e of) 

1 /year 

4 /y e ar 1 /quarter 
1/year 

1 /operational 
season 



2/year 

4/y e ar 1 /quarter 

1/year 

1 /quarter 

1/year 

1/year 



« 



For the purpose of restaurant inspections, a food sampling inspection shall fulfill the requirement of an inspection provided 
a minimum of three distinct samples are taken from the restaurant A maximum of one food sampling inspection per 
restaurant, per year, may be used to meet the quarterly inspection requirement for restaurants. 

(2) Provisions for investigating complaints and suspected outbreaks of illness associated with food, lodging, and 
institutional facilities, and public swimming pools. Corrective actions shall be taken in cases of valid complaints 
and confirmed outbreaks of illness. 

(3) Provisions for keeping records of activities described in Subparagraphs (a)(1) and (2) of this Rule. 

(b) A local health department shall establish, implement, and maintain written policies for the provision of sanitation 
education for food service personnel and orientation and in-service training for sanitarians. The policies shall include the 
following minimum requirements for sanitarians providing food, lodging, and institutional sanitation services: 

(1) Initial field training for newly employed sanitarians; 

(2) CDC Homestudy Course 3010-G or its equivalent as approved by the Division of Environmental Health; 

(3) North Carolina State University Food Protection Short Course or its equivalent as approved by the Division of 
Environmental Health; and 

(4) Compliance with the Board of Sanitarian Examiners' requirements. 

Statutory Authority G.S. 130A-9. 



♦ 



TITLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the State Board of Education intends to 
amend rules cited as 16 NCAC 6D .0301 - .0302; 6E .0101 

- .0102. .0104. .0202; 6G .0303; 6H .0001, .0006 - .0008; 
and repeal rules cited as 16 NCAC 6A .0001 - .0002; 6B 

0001 - .0002. .0004 - .0006; 6D .0102, .0104; 6G .0301 

- . 0302. 



Proposed Effective Date: April 1, 1996. 

A Public Hearing will be conducted on December 5, 1995 

at the Education Building, Room 224, 301 N. Wilmington 

Street, Raleigh, NC 27601-2825 at the following times: 

10:00 a.m. - 16 NCAC 6A .0001 - .0002 

10:30 a.m. - 16 NCAC 6B .0001 - .0002, .0004 - .0006 

11:00 a.m. - 16 NCAC 6D .0102. .0104 

1:00 p.m. - 16 NCAC 6D .0301 - .0302 

1:30 p.m. - 16 NCAC 6E .0101 - .0102, .0104 

2:00 p.m. - 16 NCAC 6E .0202 



♦ 



7997 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



2:30p.m. - 16 NCAC 6G .0301 - .0303 
3:00p.m. - 16 NCAC 6H .0001, .0006 - .0008 

Reason for Proposed Action: 

16 NCAC 6A .0001 - .0002; 6B .0001 - .0002, .0004 - 

.0006; 6D .0102, .0104 - Rules are not needed because they 

address items that are within the authority of local school 

boards or are covered by statute. 

16 NCAC 6D .0301 - .0302 - amendments clarify state 

testing program requirements. 

16 NCAC 6E .0101 - .0102, .0104 - amendments clarify 

student absence policies and allow greater local flexibility in 

dealing with absences. 

16 NCAC 6E .0202 - amendment allows greater local 

flexibility in determining course schedules. 

16 NCAC 6G .0301 - this Rule is not needed because it 

addresses items that are covered by statute. 

16 NCAC 6G .0302 - law requiring this Rule has been 

repealed. 

16 NCAC 6G .0303 - legislative action to collapse funding 

categories requires changes to this Rule. 

16 NCAC 6H .0001, .0006 - .0008 - amendments remove 

material that is covered in state law and federal regulations 

and update references to federal legislative changes. 

Comment Procedures: Any interested person may present 
comments either orally or in writing at the hearing. Written 
comments may be mailed to the Board but must be post- 
marked no later than December 15, 1995 and addressed to: 
Harry Wilson, Rule-making Coordinator. Room 2086, 
Education Building, Raleigh, NC 27601-2825. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 6 - ELEMENTARY AND SECONDARY 
EDUCATION 

SUBCHAPTER 6A - ORGANIZATION PLAN 

.0001 SCHOOL CALENDAR 

(a) Tho purposes of the school calendar are: 

fH to provide publio school pupils with th e inetruo 

tional term r e quired by G.S. 115C 8 1(0): and 

(3) to provide tho instructional staff of tho LEA with 

opportunity to perform activities such as pu 
pil t e aoh e r ori e ntation, evaluation, planning, and 
in oorvio e training. 

(b) Tho local superintendent, in consultation with public 
school personnel, recommends tho uoo and placomont within 
tho oohool cal e ndar of holidays, l e av e and workdays within 
th e 10 oal e ndar months' e mployment. — Tho LEA approv e s 
tho school calendar. 

fe-) Each LEA shall develop rules and regulations to 

designate tho plaoement of the following within th e 10 
oal e ndar months of e mploym e nt p e riod: 
(+) required pupil attendance days: 



{¥) annual — vacation — days — required — by — G.S. 

115C 302(a)(3) and 1 15C 316(a)(3); 

(3} l e gal holidays; and 

(4) additional days of employment. 

(d) — LEAs shall establish tho duties of personnel on tho 
additional days of e mployment and th e pupil att e ndance 



(o) Tho school month is tho period which begins with tho 
first day of tho 10 calendar months of employment and ends 
with th e dat e pr e c e ding th e dat e of e mploym e nt in th e 
following month. — Each succeeding school month e nds on 
tho samo dato of the month as tho ending date of tho first 
month. 

ff-) — Eaoh LEA shall file a copy of th e adopt e d annual 
oal e ndar with the Superint e nd e nt of Publio In s truction or his 
designee. 

Statutory Authority G.S. 115C-84; 115C-302. 

.0002 SUSPENSION OF A PORTION OF THE 
SCHOOL TERM 

fa} — Th e SBE shall oonsid e r r e qu e sts from LEAs to 
susp e nd a portion of th e school t e rm for on e or mor e 
schools duo — to hazardous — woathor — conditions. — natural 
disaster, — or other emergency — only when tho following 
conditions hav e boon mot: 

(4} th e r e qu e st must b e by r e solution of th e LEA, 

documenting that every effort has boon mado to 
insuro tho opportunity for 180 days of instruc 
tion for all stud e nts in oompliano e with G.S. 
115C 8' 1(o), sp e cifying the efforts which hav e 
boon mado to onablo tho students to make up lost 
work and sotting forth tho adjustments, if any. 
which hav e boon mad e in bu s routes and bus 
driv e r assignm e nts to assist in k ee ping sohools 
open and operating to tho maximum degree 
consistent with policy; 

f3) th e LEA must d e monstrat e that 15 days lost du e 

to hazardous w e ather conditions, natural disas 
tor, or other emergency have boon mado up 
within tho framework of tho 10 month school 
oal e ndar b e for e any susp e nsion of th e sohool 
term occurs; 

(3) tho requested suspension shall provide no less 

than 175 days of instruction or tho request for 
suspension must b e aooompaniod by a r e qu e st 
for an appropriat e numb e r of days of sohool 
operation — beyond — the — 10 month — term to bo 
funded from tho Public School Fund to assuro 
that no l e ss than 175 days of instruction ar e 
available to e ver) 1 s tudent in th e administrativ e 

(b) — Tho SBE shall, within fund s available to it, allocate 
additional funds to insur e that e v e ry child has th e opportu 
nity to attend school for no l e ss than 175 days. 

(+) LEAS must request those funds in accordance 

with the procedures of Paragraph (a) of thi s 



10:16B 



NORTH CAROLINA REGISTER 



November 15, 1995 1998 



PROPOSED RULES 



Ruler 

(-2-) Fundo provided for this purpos e ar e for addi 

tional days of school operation b e yond th e 10 
months of employment contained in tho basic 
school calendar. — In no event may additional 
days of employm e nt e xt e nd b e yond th e e nd of 
the fiscal y e ar. 

f3-) Additional days of employment for all s chool 

employees resulting from funds allocated under 
thio Rul e are a s e parat e contract p e riod and ar e 
not a part of th e r e gular contract p e riod. 



Authority G.S. U5C-36; U5C-47(11); 115C-84(c); N.C. 
Constitution, Article IX, Sec. 5. 

SUBCHAPTER 6B - STUDENT 
TRANSPORTATION SYSTEM 



thereafter during the s chool year. — Tho LEAs shall include 
in th e instruction ba s ic s kills and knowl e dg e vital to safety 
in school bus transportation. 

(b) LEAs shall provide seating for all school bus paoson 
gers entitled to transportation according to tho rated seating 
capaoity for e ach sp e cific bus. — Th e LEAs shall not allow 
th e numb e r of pass e ng e rs b e ing transport e d to e xo ee d tho 
official rated capacity for th e typo and model bus being 
used. — All ridors must bo seated boforo a bus may loavo a 
s top; ov e rcrowding and standees ar e prohibit e d. 

(o) LEAs shall e stablish uniform proo e dur e s for transport 
ing children with special needs to include: 

{¥) recommendation by s chool based committee; 



m- 



inclusion in th e writt e n individualiz e d e ducation 



plan; and 

approval — by — the — transportation — director — and 

superintendent. 



m- 



.0001 SCHOOL BUS DRIVERS 

fa-) — In order to bo eligible for employment by a LEA as 
a s chool bus driver, a person must meet tho requiromonts of 
G.S. 20 218(a) and 115C245. — In addition, th e p e rson 
must: 

t-B furnish the local superintendent with a health 

certificate which complies with G.S. 115C 323; 
hav e both natural hands and both natural f ee t. 



<*- 



with full us e of arms. l e gs, hands and f ee t; 



f3-) have at least 20/40 vision in each oyo. with or 

without corrective lens; and 
f4) successfully compl e t e th e proscribed cours e in 

oohool bus driver training, 
(b) A person may not serve as a school bus driver if tho 
person: 

f4-) has tamp e r e d with th e gov e rnor or any wir e s 

and r e lat e d parts th e r e of: 

f2-) has willfully damaged and/or abused the bus; 

f3^ has tampered with, removed or abused any of 

th e saf e ty e quipm e nt installed on the bus so as to 

mak e th e e quipm e nt inoperable or unusabl e ; 
f4-) has added to or improvised the standard equip 

mont, which may jeopardize the safety of the 

pupil pass e ng e rs: or 
(-S-) is involv e d in a school bus accid e nt as a r e sult 

of driver negligence. — a s determined by local 

review. 



Statutory Authority G.S. 115C-240(c). 

.0004 BUS ROUTES 

fa} Sup e rint e nd e nts — shall — plan bus routes in a way 

d e sign e d to cons e rv e fu e l and to us e bus e s e ffici e ntly. 

fb^ — A route may not deviate from a general path of 
direction for a di s tance of le ss than one half mile and then 



-&*- 



»f-40- 



r e turn to th e original path e xc e pt tor groups ot 1U or more 
pupils, un e scort e d pupils in grad e s K3 or special e duoation 
pupils. 

fe-) — Unless safety factors require otherwise, sup e rinton 
d e nts may not plan bus stops clos e r tog e th e r than 0.2 miles. 
Eaoh stud e nt must b e at tho designat e d stop at th e tim e of 
the bus s arrival. 

(d) Except in an emergency, regular and substitute drivers 
will transf e r a bus at th e school. 

(e) Driv e rs shall park bus e s at night and on w ee k e nds in 
locations which le ss on opportunitie s for per s ons to s teal fuel 
and commit vandalism. 

f£) — Service p e rsonn e l shall maintain bus e s to e nsur e 
gr e at e st fu e l e conomy. 

<-g-) — Each LEA will establish tho time required for each 
bus route and certify' this timo. — The LEA will use thi s 
c e rtifi e d tim e to contract with th e driv e r for e aoh rout e 
op e rat e d. — Th e LEA will d e t e rmin e th e hourly rat e of pay 
by a salary schedule adopted by tho SBE. 



fe-) — A person who is disqualifi e d und e r Paragraph (b) of Statutory Authority G.S. 115C-240(a). 
this Rul e or und e r LEA policy may apply through th e 
principal after six months for reinstatement. — If the principal 
approves the application, the person must again complete the 
entire training and c e rtification — proc e dur e b e for e b e ing 
qualified to op e rat e a school bus. 

Statutory Authority- G.S. 115C-240(c). 



.0005 SCHOOL BUS MAINTENANCE 

Tho transportation supervisor or chief mechanic shall 
organiz e and carry out a s y s t e matic plan of maint e nanc e and 
prev e ntiv e maintenanc e for all school bus e s on a daily and 
annual basis. The LEA may transport pupils only on buses 
maintained in safe condition. 



.0002 SCHOOL BUS PASSENGERS 

(a) LEAs shall provid e instruction in school bus safety to 
all children during the first five days of school and regularly 



Statutory Authority G.S. 115C-240(a). 
.0006 SCHOOL BUS INSPECTIONS 



1999 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



LEAs shall inapoct school buaoo annually as roquirod by 
G.S, 20 1 8 3.2 and at ouoh othor tim e s as ar e requir e d by 
G.S. 115C 24 8 . 

Statutory Authority G.S. 115C-240(a). 

SUBCHAPTER 6D - INSTRUCTION 

SECTION .0100 - CURRICULUM 

.0102 BASIC EDUCATION PROGRAM 

(a) Each LEA shall implement tho BEP as developed by 
the Department, to the extent that state funds are made 
availabl e to it. — This Rule oov e ro the ourrioular oompon e nt 
of th e BEP. 

fb) — Tho standard course of study includes, at least, a 
program of 3tudios in tho following areas: 
(4} arts eduoation; 



(2) oommunioation skills; 

(3) guidance; 

f4) healthful living; 

(5) library/media skills; 

(6) math e matios; 



m- 



(&} s econd ianguago studios; 

(£) oooial studi e s; and 



Wh 



vooational e duoation. 



Statutory Authority G.S. 1 15C-12(9)c; 115C-81. 

.0104 EXIT DOCUMENTS 

&t) — Each LEA designs and issues high school diplomas 
and certificates. 

(b) — LEAo must issu e all diplomas and oortifioat e o to 
students with a notification that th e stud e nt may obtain a 
transcript upon request. 

Statutory Authority G.S. 115C-12(9)c. 

SECTION .0300 - TESTING PROGRAMS 

.0301 TESTING REQUIREMENTS AND 
OPPORTUNITIES 

(a) All public school students enrolled in the grades for 
which the state board adopts an annual test must participate 
in the testing program, program, including every child with 
disabilities unless excluded from testing in the IEP. 

(b) All public students enrolled in the 40th 10th, 11th and 
12th grade will have the at least one opportunity each school 
year to take the competency tests. LEAs shall administer 
the tests so that any student who does not pass the tests shall 
have a full year in which an o pportunity to receive 
remediation. 

(1) The department establishes a passing score for 
each test. A student who attains a passing score 
on a test does not need to retake the test. 

(2) The LEA develops plans to provide remedial 



services to students who fail any of the tests, or 
who are identified as having a high risk of 
failing. The LEA designs the plan to meet the 
needs of individual students. 

(c) LEAs may change the form or content of tests adopted 
by the SBE if necessary to allow special education students 
to participate in the testing program. 

(d) LEAs may exempt special education students from 
required testing programs upon written request of the parent 
or eligible student. 

Statutory Authority G.S. 115C-12(9)c. 

.0302 TEST ADMINISTRATION 

(a) Employees of the LEA administer tests to students 
who are required or permitted to participate. 

(b) The department supplies the tests to the LEAs. 

(c) LEAs shall: 

(1) account to the department for all tests received; 

(2) provide a locked storage area for all tests re- 
ceived; 

(3) prohibit the reproduction of all or any part of 
the test; and 

(4) prohibit their employees from disclosing the 
content of, or specific items contained in, the 
test to persons other than authorized employees 
of the LEA. 

(d) LEAs must monitor test administration procedures. 
If tho LEA discovers school officials discover any instance 
of improper administration and it determines that the validity 
of the test results has been affected, it they must notify the 
local board of education and order the affected students to 
be retested. 

(e) The Superintendent of Public Instruction may conduct 
audits of LEAs if he receives written complaints which 
allege improper test administration, and he may require the 
retesting of students. 

(f) The department scores or has scored all tests, and it 
provides scoring and interpretive services to the LEA. 

Statutory Authority G.S. 115C-12(9)c. 

SUBCHAPTER 6E - STUDENTS 

SECTION .0100 - ATTENDANCE 

.0101 ATTENDANCE DEFINED 

To be considered in attendance, a student must be present 
in the school for at least ono half of tho school day or at a 
place other than the school with the approval of the appro- 
priate school official to attend an authorized school activity. 
These activities include field trips, athletic contests, student 
conventions, music festivals or similar activities. 

Statutory Authority G.S. 115C-379. 

.0102 ATTENDANCE EXCUSED 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 2000 



PROPOSED RULES 



(a) LEAs shall excuse the temporary absence of a student 
upon a showing of satisfactory evidence of one of the 
following bases: 

(1) Illness or injury prevents the student from being 
physically able to attend school. 

(2) The local health officer or the State Board of 
Health orders the isolation of the student. 

(3) The student is absent due to the death of a 
member of the immediate family. 

(4) The student has an emergency medical or dental 
appointment or oueh an appointm e nt which has 
been approved in advance by the principal . 

(5) The student is a party to or is under subpoena as 
a witness in the proceedings of a court or admin- 
istrative tribunal. 

(6) The student has obtained prior approval by the 
principal to be absent due to the observanc e of 
an ovont required or suggested by th e r e ligion of 
the otud e nt or the stud e nt's par e nts, is absent 
due to a religious observance in accordance with 
local school board policy. 

(7) The student obtains prior approval to take advan- 
tage of a valid educational opportunity, such as 
travel. 

(b) LEAs may excuse temporary or occasional absences 
for other reasons in accordance with local board policies, 
provided that the student has been in attendance for at least 
one-half of the school day. 

Statutory Authority G.S. 115C-379. 

.0104 INVOLUNTARY SUSPENSIONS 

The absence of a student which results from the suspen- 
sion or expulsion of that student for misconduct pursuant to 
the provisions of G.S. 115C-391 i s not an un e xouo e d 
absence, may not be used for a compulsory attendance 
violation action. 

Statutory Authority G.S. 115C-379. 

SECTION .0200 - SCHOOL ATHLETICS AND 
SPORTS MEDICINE 

.0202 INTERSCHOLASTIC ATHLETICS 

(a) Only students in grades 7-12 may participate in 
interscholastic athletic competition. In order to qualify for 
public school participation, a student must meet the follow- 
ing requirements: 

(1) The student must meet the residence criteria of 
G.S. 115C-366(a). The student may participate 
only at the school to which the student is as- 
signed by the LEA or, if over the age require- 
ments, the school to which the student would be 
assigned at the next higher grade level. 

(2) The student must meet age requirements at each 
grade level to participate. The principal must 
have evidence of the legal birth date of the 



student. A student who is ineligible to partici- 
pate at one grade level due to age is eligible to 
participate at the next higher grade level only. 
However, no student may participate at the high 
school level for a period lasting more than eight 
consecutive semesters, beginning with the 
student's first entry into grade nine or participa- 
tion on a high school team, whichever occurs 
first. 

(A) A student is eligible to participate in high 
school athletic contests during a school year if 
the student does not reach the 19th birthday on 
or before October 16 of that school year. 

(B) A student shall not participate on a ninth grade 
junior high school team if the student becomes 

16 years of age on or before October 16 of 
that school year. 

(C) A student shall not participate on a seventh or 
eighth grade team if the student becomes 15 
years of age on or before October 16 of that 
school year. 

(3) In grades 9-12, the student must pass at least 
fiv e cours e s 75% of the maximum possible 
courses each semester and meet promotion 
standards established by the LEA. In grades 7 
and 8, the student must meet state and local 
promotion standards and maintain passing grades 
each semester. Regardless of the school organi- 
zation pattern, a student who is promoted from 
the eighth grade to the ninth grade automatically 
meets the courses passed requirement for the 
first semester of the ninth grade. 

(4) The student must receive a medical examination 
each year (365 days) by a duly licensed physi- 
cian, nurse practitioner, or physician assistant, 
subject to the provisions of G.S. 90-9, 90-18.1, 
and 90-18.2. 

(5) The student may not participate after any of the 
following: 

(A) graduation: 

(B) becoming eligible to graduate, 

(C) signing a professional athletic contract: 

(D) receiving remuneration as a participant in an 
athletic contest; or 

(E) participating on an all-star team or in an all- 
star game that is not sanctioned by the associa- 
tion of which the student's school is a mem- 
ber. The student is ineligible only for the 
specific sport involved. 

(b) Each principal of a school which participates in 
interscholastic athletics must certify a list of eligible students 
for each sport. 

(c) Any student-athlete, coach or school official in grades 
7-12 who is ejected from any athletic contest shall be 
penalized as follows: 

(1) for the first offense, the person shall be repri- 
manded and suspended for the next game at that 



2001 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



level of play (varsity or junior varsity) and for 
any intervening games at either level; 

(2) for a second offense, the person shall be placed 
on probation and suspended for the next two 
games at that level of play (varsity or junior 
varsity) and for any intervening games at either 
level. 

(3) for a third offense, the person shall be sus- 
pended for one calendar year. 

(4) A coach who is suspended at any level of grades 
7-12 (middle school, junior high or high school) 
may not coach in any other grade level in grades 
7-12 during the period of suspension 

(5) Penalties are cumulative from sport to sport and 
from sport season to sport season. If no member 
of the school's coaching staff is present to 
assume an ejected coach's duties, the contest 
shall be terminated by a forfeit. 

(d) LEAs may allow their schools to belong to the North 
Carolina High School Athletic Association (NCHSAA), 
which has established as a minimum the rules adopted by 
the SBE. The NCHSAA may waive any eligibility require- 
ment contained in this Rule, except the age requirement, if 
it finds that the rule fails to accomplish its purpose or it 
works an undue hardship when applied to a particular 
student. The NCHSAA may enforce penalties for the 
violation of this Rule at the high school level. 

(e) The LEA which has jurisdiction over the school may 
impose additional penalties. LEAs or conferences may 
adopt and impose penalties at the middle and junior high 
school levels. 

Statutory Authority G.S. 115C-47(4). 

SUBCHAPTER 6G - EDUCATION AGENCY 
RELATIONS 

SECTION .0300 - PERFORMANCE-BASED 
ACCOUNTABILITY PROGRAM 

.0301 LOCAL SCHOOL IMPROVEMENT PLANS 

(a) Stud e nt p e rformanc e goals must b e etnt e d in thr ee y e ar 
goalo, — including annual — mil e ston e s to m e asur e progr e ss 
toward thoso goals. — Tho purpose of those goals is to 
increase student performance. 

(b) Satisfactory progress toward mooting stud e nt p e rfor 
mano e goalo is d e fin e d as achi e v e m e nt of 75 % of th e annual 
milestones listed in tho approved local school improvement 

(o) LEAs may s e t iooally d e t e rmin e d stud e nt p e rformano e 
goals in addition to thos e adopt e d by the SBE pursuant to 
G.S. 115C 23 8 .1(3). In sotting thoso goals, tho LEA must: 

(+) establish local student performance goals for any 

remaining s tat e aoor s ditation p e rformano e otan 
dards that it do e s not curr e ntly m e et; 

(3) establish some local student performance goals 

that are higher than tho performance standard s in 



s tato accreditation; and 

(^ establish, for school y e ars aft e r th e LEA's first 

year of participation, stud e nt p e rformanc e goals 
in additional curricula areas or in additional 
grade levels not addressed in stato accreditation, 
(d) LEAs may also: 

(4} d e v e lop stud e nt performano e goals in additional 

curricula areas not currently addressed in stato 
accreditation; and 

(2-) add additional — indicators — suoh as California 

Achi e v e m e nt Test ooor e s at grad e s A, 5 and 7. 
(o) Tho indicators that are included in tho stato accrodita 
tion performance standards, along with Scholastic Aptitude 
Toot scor e s. — ar e r e quir e d — for measuring and ass e ssing 
stud e nt porforman e»: — Additional e nd of cours e and e nd of 
grade tests will bo added to those indicators as they aro 
developed. 

ff) LEAs may, — but ar e not r e quired to. — includ e as 

indicators for m e asuring and ass e soing stud e nt p e rformanc e 
and satisfactory performance factors suoh as: 

fH post s econdary plans; 

(2-) e nrollm e nt in Alg e bra 1; and 

(£) ooll e g e e nroll ee s who require remediation. 

fg-) LEAs that dovoiop an evaluation instrument or 

approach other than tho teacher performance appraisal 
instrum e nt must doooribo that instrum e nt or approaoh in th e 
looal school improv e m e nt plan. 

Statutory Authority G.S. 115C-238.1. 

.0302 DIFFERENTIATED PAY 

f&} — No LEA may adopt a differentiated pay plan that 
includes an across tho board — salary — supplement — for all 
employees. 

(b) Aft e r an LEA that us e s tho sohool baoed performanc e 
model for differentiated pay attains local school goals, tho 
local board of education, — upon recommendation of the 
prinoipal and sup e rint e nd e nt, shall d e t e rmin e which staff 
m e mb e rs contribut e d to th e attainm e nt of thos e goals. — T-he 
LEA will then distribute differentiated pay bonu s es to thoso 
employees. — A sohool based committee that participates in 
th e r e vi e w of bonus distribution s e rv e s only in an advisory' 
rol e to th e principal, who b e ars th e final r es pon s ibility for 
evaluating the performance of staff and deciding whom to 
recommend to tho superintendent for bonu s distribution. 

Statutory Authority G.S. 115C-238.1; 115C-238.3; 115C- 
238.4. 

.0303 FLEXIBLE FUNDING 

(a) LEAo that requ e st a waiv e r of th e purpos e for which 
stato funds may bo used must submit a justification that 
shows how tho waivor is neoossary for tho LEA to roach its 
looal accountability goals. 

(&} — Fund tranoforo that cr e at e position from nonposition 
categorie s mu s t include matching bonofit costs. 

(e) — Converting or transferring po s ition s or portions of 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 2002 



PROPOSED RULES 



positions from varying longtho of employment must bo on a 
prorata basis and at th e b e ginning salary l e v e l of th e original 
olassifi cation. 

fd-) — The LEA must request specific permission to uso 
funds for purposes that are not currently authorized. 

(e)-4= EAs may requ e st to transf e r positions or portions of 
positions to dollars for the purpose of one tim e e xp e nditur e s 
such as capital outlay, administrative equipment or software. 

ff-) — Fund transfers cannot obligate the state to a greater 
coot than th e original allotment. 

fg^ — Waiv e rs will not bo oonsid e r e d or grant e d for: The 
SBE will not consider or grant waivers for: 

(1) teacher assistants; 

(2) matching state funds for federal vocational educa- 
tion; 

(3) transportation; 

(4) employee benefits, including annual leave and 
longevity; 

(5-) group hom e s; 



(5) <&) Willie M.; and 

(?) developmental day care; and 

(6) ^ all federal funds. 

Statutory Authority G.S. 115C-238.1. 

SUBCHAPTER 6H - FEDERAL PROGRAMS 

.0001 DEFINITIONS 

As used in this Subchapter: 

fl-) "Childr e n with sp e cial n ee ds" m e ans: 

all school ag e childr e n who have handicapping 



W- 



v9- 



t4©4^ 



conditions as contained in 20 U.S.C. 
and as defined by 3 4 CFR 300.5; 
acad e mically gifted stud e nts, which ar e thos e 



who: 
(+) — possess demonstrated or potential intollectual, 

creative or s pecific academic abilities; and 
(ii) need diff e r e ntiat e d e ducational s e rvices beyond 
those b e ing provid e d by th e r e gular school 
program in order to realize those potentialities. 
A s tudent may possess singularly or in combi 
nation th e s e charact e ristics: g e n e ral int e ll e ctual 
ability, sp e cific acad e mic aptitud e , or e ativ e or 
productiv e thinking abilities. 

fe-) pregnant s tudents who because of their prcg 

naney r e quir e sp e cial e ducation and/or r e lat e d 
se rvice s oth e r than thoso which oan b e provid e d 
through regular education se rvice s ; and 



fd} "Willie M." class members, who are children 

und e r ag e 1 8 who now or will in th e futur e 
suff e r from s e rious e motional, mental or n e uro 
logical handicap s , which handicaps have been 
accompanied by behavior which is characterized 
as viol e nt or assaultive; and who ar e or will b e 
in th e futur e involuntarily plac e d in institutions 
or oth e rwise placed in residential programs; and 
who have not been provided appropriate treat 



mont and education programs by the state. 

(5) Oi "Free appropriate public education" (FAPE) 
is defined by 34 CFR 300.4. 

(*) (2) "Individualized education program" (TEP) is 
defined by 34 CFR 300.340. 

f4) £3} "Least r e strictiv e appropriate sotting" io the 
sam e as "least restrictive environment" (LRE) and 
moons that sotting among all appropriate altorna 
tivos or environments for placement within an 
e ducational syst e m in which a child oan obtain tho 
e duoational s e rvic e s which moot the child's indi 
vidual educational needs as close to and as nearly 
like a regular classroom sotting as possible. 

m (4) "Parent" is defined by 34 CFR 300.10. 

(5) "Willie M." class members, who are children 

under age 18 who now or will in the future suffer 
from serious emotional, mental or neurological 
handicaps, which handicaps have been accompa- 
nied by behavior which is characterized as violent 
or assaultive; and who are or will be in the future 
involuntarily placed in institutions or otherwise 
placed in residential programs; and who have not 
been provided appropriate treatment and education 
programs by the state. 

(6) "Related sorvioos" is defined by 34 CFR 300.13. 

t^t Sp e cial e ducation" is defined by 34 CFR 300. 11. 

Statutory Authority G.S. 115C-141. 

.0006 NON-INSTRUCTIONAL SPECIAL 
EDUCATION SERVICES 

(a) Transportation. 

( 1 ) LEAs are responsible for providing or paying 
for the costs of transportation for children with 
sp e oial n ee ds disabilities enrolled in the schools 
or programs under their jurisdiction. They are 
also responsible for providing or paying for the 
costs of transportation to any nonresidential 
program, public or private, if the student has 
been placed in or assigned to that program by 
the LEA. Special funds may be provided for 
this purpose through th e Director, Division of 
Transportation of the department and are incor- 
porated in the general transportation plan of the 
LEA. 

(2) If a child with special needs disabilities is as- 
signed to or enrolled in a residential program 
operated by or under the jurisdiction of the 
Departments of Human Resources or Correction, 
the department operating the program or having 
jurisdiction or control over the program is 
responsible for paying the costs of transporta- 
tion. 

(3) The costs of transportation for a child with 
sp e cial needs disabilities placed in or assigned to 
a school or program outside the state are paid by 
the LEA placing or assigning the child. 



2003 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



(4) Reimbursement for transportation costs paid for 
any one child may not exceed the Department of 
Transportation allowance per mile unless it is 
demonstrated by the child or his/her parents that 
this limitation will work a hardship or is unrea- 
sonable. The LEA and the appropriate state 
agency must approve this justification, 
(b) LEAs shall determine and arrange for the provision of 
all materials, supplies and equipment essential to the 
instructional programs for children with special needs. 

Statutory Authority G.S. 115C-141. 

.0007 SPECIAL EDUCATION ASSESSMENT 
AND PLACEMENT PROCEDURES 

(a) Identification, screening, evaluation and placement. 

(1) LEAs are responsible for insuring that all chil- 
dren with special needs within their jurisdiction 
are identified, located and evaluated, including 
children in private agencies within their jurisdic- 
tion ages birth through +8r 2_L 

(2) LEAs and private schools shall implement 
procedures for identification, screening, evalua- 
tion and placement of children with special 
needs. The governing body of each LEA and 
private school shall adopt these procedures and 
include the procedures described in this Rule. 

(3) LEAs may vary these procedures when sufficient 
evidence exists to indicate that children can be 
identified and placed properly within the intent 
of the procedures. 

(b) Upon referral of a child pursuant to G.S. 115C- 
1 13(c), the parties must follow the due process safeguards 
of Rule .0010 of this Subchapter. 

(c) The multi-disciplinary team shall evaluate or reevalu- 
ate each child with special needs in accordance with the 
provisions of 34 CFR 300.530 through 300.534. Evalua- 
tions of children suspected of having a specific learning 
disability are subject to the further provisions of 34 CFR 
300.540 through 300.543. 

(d) Individualized education program. 

(1) Each LEA shall develop and implement an IEP 
for each child with sp e oial n e eds, a disability. 
The Department of Public Instruction monitors 
the effectiveness of these programs. 

(2) All IEPs must be developed in accordance with 
the provisions of 34 CFR 300.342 through 
300.349. 

(3) The LEA shall develop an IEP for any child 
with a disability who is enrolled in a parochial 
or other private school, but who receives special 
education or related services from the LEA. 

(4) The LEA must supply to the parent(s) or guard- 
ian during a conference or by mail, in language 
understandable to the general public and in the 
native language of the parent or other mode of 
communication used by the parent, unless it is 



clearly not feasible to do so: 

(A) a copy of the IEP if requested; 

(B) a description of the rights of the parent(s), 
including the right to review data, to challenge 
the data, and to provide additional data that 
could have some effect on the placement, 
program, and/or services of the child; 

(C) information concerning their right to an inde- 
pendent educational evaluation, at public 
expense, if they disagree with the evaluation 
obtained by the LEA and a list of other agen- 
cies providing free evaluations; and 

(D) information concerning the right to appeal the 
decision and a copy of the appeals procedure. 

(5) The LEA shall prepare Group Education Pro- 
grams (GEPs) for academically gifted students. 
The GEP describes a differentiated instructional 
program for students who share similar aca- 
demic characteristics and/or program needs. 
The LEA should individualize the program to 
accommodate individual students' nocxfo. — The 
GEP must includ e : 

fA} — a bri e f stat e m e nt of program oontent; 

fB) — annual goals; 

(€) — methods and procedures for determining that 

th e goals have boon m e t; and 
(©) needs and any additional needs of a student not 

already addressed and a description of further 

necessary modifications. 

(6) The LEA shall prepare and implement a written 
program to meet the special educational needs of 
pregnant students. 

(e) The LEA must complete appropriate in-depth evalua- 
tions of children with special noodo a disability at least every 
three years in order to determine the appropriateness of the 
current educational status of students. The throe year period 
is computed from the date of the oldest evaluation data used 
in plaoem e nt of th e s tud e nt. — Th e r e valuations includ e th e 
e valuations r e quir e d prior to th e initial plac e m e nt. Parent 
approval is not required prior to reevaluation. The parent(s) 
must be notified in writing of the results of the reevaluation 
and the recommendations based on them, and the notice 
must meet the requirements of 34 CFR 300.505. If the 
parent objects, the due process procedures set forth in Rule 
.0010 of this Subchapter apply. 

(f) Each LEA shall make available a continuum of 
programs, services and placements for each child with 
special nood3 a disability in accordance with the provisions 
of 34 CFR 300.550 through 300.553. 

(g) Every private or nonpublic school which provides 
special education or related services to children with s p e cial 
needs disabilities who have been placed in such school by 
the LEA is subject to the provisions of 34 CFR 300.400 
through 300.403. 

(h) Willie M. Children. 
(1) Location and identification of class members. 
(A) Local school administrative units shall nomi- 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 



2004 



PROPOSED RULES 



nate to area mental health centers children that 
are suspected to be members of the Willie M. 
class. 

(B) Local school administrative units shall request 
informed consent from parents to conduct 
additional evaluations if needed. 

(C) Local school administrative units shall notify 
the Department of Public Instruction regarding 
the number of children nominated. 

(D) Local school administrative units shall keep an 
ongoing register of all identified Willie M. 
class members. 

(E) The Department of Public Instruction will 
assign staff to the state level certification 
committee to assist in the certification of 
members of the Willie M. class. 

(2) Provision of educational services. 

(A) For certified Willie M. class members local 
school administrative units shall: 

(i) provide special education services in com- 
pliance with an IEP. 
(ii) use data received through the evaluations 
conducted by the area mental health cen- 
ters and other sources in writing the IEP; 
and 
(iii) provide special education and/or related 
services to certified class members who 
are located in group homes or special 
facilities. Certified class members may 
receive these special programs in the 
group home or special facility. 

(B) The LEA shall decide the location of the 
program, with advice from the area mental 
health center. 

(C) Local school administrative units shall notify 
the Department of Public Instruction of the 
special education program being provided, 
including: 

(i) types of services; 
(ii) the duration of services: and 
(iii) any other information the department 
deems relevant. 

(D) The Department of Public Instruction will 
provide training to personnel who provide 
educational services to class members. 

(3) Monitoring. The SBE through the Division for 
Exceptional Children monitors local school 
administrative units and/or other facilities which 
provide educational services to class members to 
determine if the program is appropriate to meet 
the needs of the child. This Paragraph (3) is not 
effective unless funds are appropriated for the 
specific purpose of implementing its provisions. 

Statutory Authority G.S. 115C-141. 

.0008 SURROGATE PARENTS FOR 



CHILDREN WITH SPECIAL NEEDS 

fa) — S e l e ction of ourrogat e par e nts. 

(4^ Th e Sup e rint e nd e nt of Publio Inotruction and tho 

Secretary — of Human Resources shall recruit, 
train and maintain a registry of eligible persons 
to act ao s urrogat e) parents. — LEAs, th e Council 
for Educational S e rvio e o for Exc e ptional Chil 
dron and tho Advocacy Council for tho Develop 
mentally Disabled and Mentally 111 may make 
r e comm e ndations — te — the — sup e rint e nd e nt — asd 
secretary of pot e ntially e ligibl e persons to act a s 
s urrogate parents. 

(3) Surrogate parents may have no interest that 

conflicts with th e int e r e sts of th e child r e pr e 
s e nt e d. — Th e y must hav e knowl e dg e and skills 
which ensure adequate — representation — of the 
child. — A surrogate parent must not bo an em 
ploy ee of th e state or any local government, 
e duoational or human r e sourc e s ag e ncy r e sponsi 
ble for the education or care of tho child; how 
over, a person is not considered to bo such an 
e mployee solely because tho person is paid by 
th e ag e ncy to s e rv e as a surrogat e par e nt. 

(-3-) Tho following factors may be, but aro not ro 

quired to bo, considered in the s election of a 
surrogat e par e nt: 
fA) — r e lationship to th e child; 

(-B) — whether tho prospective surrogate parent is of 
tho same race as the child, 
(b) Proo e dur e s for d e t e rmining and assigning surrogat e s. 

f4^ A p e rson who e ducat e s or tr e ats childr e n and 

who is aware that a child may need a surrogate 
parent appointed may request the appointment of 
a surrogat e . — Th e grounds for appointm e nt ar e 
contain e d in 34 CFR 300.514. — The p e rson 
sends the request to tho LEA which is responsi 
bio for the child. — Tho LEA will send a copy of 
this r e qu e st to th e s e cr e tary or th e sup e rint e n 
dent, depending on which ag e ncy has jurisdio 

(3} Tho LEA shall send a notice of the need for a 

surrogat e to th e adult in charg e of th e child's 
plac e of r e sid e nc e and to tho par e nts or guard 
ians at their last known address. 

(-3^ Tho LEA may request the superintendent or the 

s e cr e tary to appoint a h e aring officer to h e ar 
e vid e nc e and d e t e rmine wh e th e r it is n e c e ssary 
to appoint a surrogate. — Any such hearing is 
governed by Article 3, Chapter — 150B of the 

G e n e ral Statutes. Th e h e aring offic e r s hall 

submit findings to th e LEA and th e D e partm e nt 
of Public — Instruction — or tho — Department of 
Human Resources. — The assignment of a surro 
gat e as th e r e sult of a h e aring must bo mad e 
within 30 days aft e r th e h e aring d e ci s ion. 

(4) Tho secretary assigns surrogates in all human 

resources matters. — Tho superintendent makes all 



2005 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



other assignments, 

(e^ — Tho ourrogat e paront ohall r e pr e s e nt th e ohild in all 
matt e rs relating to th e id e ntification, e valuation and e duoa 
tional placement of tho child and tho provision of a froo 
appropriate public education to tho child, including tho 
app e al of plae e mont decisions, 

LEAs shall appoint surrogate parents for children with 
disabilities as provided in 34 CF.R. 300.514, 

Statutory Authority G.S. 115C-141. 



TITLE 17 - DEPARTMENT OF REVENUE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the NC Department of Revenue intends 
to adopt rules cited as 17 NCAC 9K .0201 - .0206, .0401, 
.0501 - .0513, .0601 - .0602; 9L .0301 - .0302, .0401 - 
.0404, and repeal rules cited as 17 NCAC 9G .0102, .0104 
-.0105, .0107, .0201, .0203, .0301 - .0304, .0306, .0402 
- .0404, .0502 - .0509, .0512, .0514, .0516; 9H .0102 - 
.0103, .0105, .0202 - .0203, .0206 - .0210, .0302 - .0303, 
.0305 - .0306 and .0409. 

Temporary: These Rules were filed as temporary rules. 
The adopted rules are effective January 1, 1996 and the 
repeals are effective November 30, 1996. 

Proposed Effective Dates for the Permanent Rules: 

Adoptions - March 1, 1996, Repeals - November 30, 1996. 

G.S. 150B-l(d)(4) exempts the Department of Revenue 
from Part 2 Article 2A of Chapter 150B with respect to the 
notice and hearing requirements. The Department will 
however publish the text of proposed rules in the North 
Carolina Register prior to the scheduled time of review by 
the Rules Review Commission. 

Reason for Proposed Action: Senate Bill 943 was ratified 
to amend Subchapter V of Chapter 105 of the General 
Statutes by repealing Articles 36 and 36A and adding 36C 
and 36D. 

Comment Procedures: Written public comments should be 
addressed to Jack L. Harper, Assistant Secretary for Tax 
Administration, PO Box 871, Raleigh, NC 27602-0871. 
Comments must be received by December 15, 1995. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 9 - MOTOR FUELS TAX DIVISION 

SUBCHAPTER 9G - MOTOR FUELS TAX 
DIVISION 

SECTION .0100 - APPLICATION FOR AND 



CANCELLATION OF LICENSE AS A 
DISTRD3UTOR 

.0102 DISTRD3UTORS CLASSD7IED ACCORDING 
TO TYPES OF OPERATIONS 

A gasolin e suppli e r io any distributor lio e ns e d und e r G.S. 
105 433 who imports motor fuol into North Carolina by 
pipeline or seagoing vossol and operates a terminal facility 
at a pipeline port or seaport for sale or delivery of motor 
fu e l to oth e r distributors, — A gasolin e distributor is any 
distributor lio e ns e d und e r G.S. — 105 433 who doos not 
import motor fuol into North Carolina by pipeline or 
seagoing vossol, nor operate a terminal facility at a pipeline 
port or s e aport for sal e or d e livory to oth e r distributors. 

Statutory Authority G.S. 105-262; 105-430; 105-433. 

.0104 AMOUNT OF BOND OR DIREVOCABLE 
LETTER OF CREDIT REQLTRED 

Tho amount of motor fuels distributor' s bond or irrovoca 
bio letter of credit shall bo roundod to tho nearest ono 
thousand dollars ($1,000,00). — If th e amount r e quir e d is 
e xaotly — b e tw ee n — two one thousand dollar ($1,000.00) 
increments, tho amount shall bo roundod to tho higher of tho 



Statutory Authority G.S. 105-262; 105-433. 

.0105 TYPES OF ACCEPTABLE BONDS 

Th e Motor Fu e ls Tax Division will aoo e pt sur e ty bonds on 
Form Gas. 1212, furnish e d by this Division, oxoout e d by 
any surety company liconsod to do busine s s in this Stato. 
Tho Division will also accept bonds secured by tho follow 
ing typos of collat e ral: 

ft) C e rtificat es of d e posit or oashior's oh e oks, mad e 

payabl e to tho taxpayer; 
Negotiable U.S. Treasury bonds; 



m — 

(3} N e gotiable U.S. Tr e asury notes; 

(4-) Publio School Faciliti e s bonds; 

(#) Housing Finance Agency bonds; 

(6) General Obligation Bonds of tho Stato of North 

Carolina or its politioal subdivisions; and 
f?) R e v e nu e Bonds of th e Stat e of North Carolina or 

its political subdivisions with a rating of at least 

BAA or BBB. 
Not e s and bonds t e nd e red as collat e ral must hav e a fair 



mark e t value at l e ast e qual to 1 15 p e rc e nt of th e oollatoral 
required. 

Statutory Authority G.S. 105-262; 105-433. 

.0107 ^REVOCABLE LETTER OF CREDIT 

Tho Motor Fuola Tax Division will accept an irrevocable 
l e tt e r of orodit e x e cut e d on th e D e partm e nt' s Form Ga s . 
4030, 

Statutory Authority G.S. 105-262; 105-433. 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 2006 



PROPOSED RULES 



SECTION .0200 - FIRST SALE TO LICENSED 

DISTRIBUTORS FROM PIPELINE OR PORT 

TERMINALS 

.0201 TRANSPORT SALES 

Tho firot sal e in North Carolina at pipolino or port 
terminals in tank oar or tmnoport truck ohipmonto to licenc e d 
distributors within tho state shall not include tho North 
Carolina motor fuols tax and inspection foo, — Tho tax shall 
bo l e vied against and paid by suoh lio e no e d diotributoro, 
Any oale aft e r th e firot oalo and oal e o mad e in looo than 
transport loads must include tho North Carolina motor fuols 
tax and inspection fee, 

Statutory Authority G.S. 105-262; 105-432; 119-17; 119-18. 

.0203 TRANSPORT LOADS 

A tank oar or tranoport truck load io a shipment of 
gasolin e , k e ros e ne, or fu e l oil with a minimum oapaoity of 

3.500 gallons. Tho load may consist of gasoline and 

korosone or kerosene and fuel oil. 

Statutory Authority G.S- 105-262; 105-432. 

SECTION .0300 - REPORTING REQUIREMENTS 

0301 METHODS OF REPORTING THE TAX 

Every gasolino distributor and gasoline supplier may elect 
to report on tho "sales basis" or "receipts basis" of comput 
ing tho motor fuels tax and insp e ction fees; how e v e r, th e 
m e thod of r e porting shall not chang e without writt e n 
permission from tho Director of the Motor Fuols Tax 
Division. 

A gasolin e distributor or oupplior that has e lected to report 
and pay tho motor fu e ls tax on tho "oaleo basis" shall 
compute the tax and/or inspection fees on tho total gallons 
of motor fuol or korosone sold, delivered to dealers on 
con s ignment, uood. or disburs e d for use during a cal e ndar 
month. 

A gasoline distributor that has elected to pay the motor 
fuels tax on tho "receipts basis" shall compute tho tax and/or 
in s p e ction f ee s on total gallons of motor fuol or k e ros e n e 
purchas e d or import e d during a cal e ndar month, r e duc e d by 
the total gallons delivered out of state, and further reduc e d 
by the tare allowance allowed by G.S. 105 134. 

A gasolin e suppli e r that has elected to r e port and pay th e 
motor fuels tax on th e "rec e ipts basis" may elect on e of th e 
following methods as tho basis of reporting receipts: 

{A-) first receipt s : motor fuels tax and/or inspection 

fees accrue at the tim e motor fu e l or kerosene io 
receiv e d at th e port of e ntry, port t e rminal s or 
other port of rec e ipt: 

{¥) torminal disbursements: motor fuols tax and/or 

inspection fees accrue at th e tim e motor fu e l and 
k e ro se ne i o di s bursed from North Carolina seaport 
or pipolino terminals or received at other ports of 
entry or other points of receipt. 



Statutory Authority G.S. 105-262; 105-434; 119-17; 119-18. 

.0302 TARE ALLOWANCE 

(a) A gasolino supplier using tho first receipts mothod of 
paying the tax i3 entitled to a tare allowance on all receipts 
l e ss sal es to lic e nced diotributoro, oxohangoo and e xports, 
(o) A gasolin e oupplior uoing th e terminal dioburo e m e nto 
method is entitled to a taro allowance on all disbursements 
from pipolino port or seaport terminals, loss salos to licensed 
distributors, exchang e s and e xporto; how e v e r, no tar e io 
allow e d on th e following: 

fH product delivered to a non licensed distributor or 

consumer taking delivery in his own transport 
truok; 

(3) product d e liv e red to a non lic e nsed distributor or 

consumer haulod by common carrier with tho 
non licensed distributor or consumer paying tho 
freight ohargoo. 

Statutory Authority G.S. 105-262; 105-434. 

.0303 CONSIGNMENT SERVICE STATIONS 

A gasolin e distributor or suppli e r using th e oal e o m e thod 
of paying tho motor fuols tax and inspection foo must report 
and pay tho tax on gallons of motor fuol delivered to 
consignm e nt looationo. 

Statutory Authority G.S. 105-262; 105-434; 119-17; 119-18. 

.0304 ADDITIVES TAXABLE 

All additiv e o, — including motor oil, that ar e add e d to 
gasolino before it is sold are subject to tho motor fuols tax 
and inspection foo. 

Statutory Authority G.S. 105-262; 105-434; 119-17; 119-18. 

.0306 REPORTING INFORMATION IN PROPER 
REPORTING PERIOD 

All motor fu e lo tranoaction s s hall b e r e port e d on th e 
monthly gasolino tax report for tho month that the transac 
tion occurred, a s transactions that occur during a calendar 
month cannot b e carri e d ov e r to th e n e xt month's r e port. 

Statutory Authority G.S. 150-262; 105-432. 

SECTION .0400 - REBATES FOR FUELS SOLD TO 

THE UNTTED STATES GOVERNMENT AND 

PUBLIC SCHOOLS 

.0402 DOCUMENTING SALES TO THE 
UNrTED STATES GOVERNMENT 

The following alternatives may bo used by distributors as 
a means of documenting, on their tax returns, sales of motor 
fu e lo to th e Unit e d Stat e s Gov e rnm e nt that ar e e x e mpt from 
th e motor fu e ls tax: 

f4-) Listing or computer run of sales to tho U.S. 

Government: or 



2007 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



(3) Saloa invoice copies cortifiod by tho distributor; or 

(3} U.S. Governm e nt Tax Ex e mption Cortifioat e , 

Form 1094. 
When listing or computer runs arc used, distributors must 
retain copies of sales invoices to support tho exemption 
claim e d. 

Statutory Authority G.S. 105-262; 105-439. 

.0403 SALES TO U.S. GOVERNMENT: REFUND 
FORM GAS. 1206 

(a) Tho first section of form 1206 is to bo completed by 
vendors that have sold tax paid motor fuels to tho U.S. 
Gov e rnment at a prio e that did not inolud e th e motor fu e ls 
tax-: — Copioo of sal e s invoieeo must b e submitt e d with th e 
application. 

(b) Tho second section of form 1206 is to bo completed 
by U.S. Gov e rnment agonoi e o to s e cur e r e funds on th e tax 
on motor fuels that w e r e purohas s d at a prio e that inolud e d 
tho motor fuels tax. — Copies of purchase invoices must bo 
submitted with tho application. 

Statutory Authority G. S. 105-262; 105-439. 

.0404 EXEMPTION OF MOTOR FUELS: 

PUBLIC SCHOOLS AND STATE AGENCIES 

An application for. and th e aoo e ptano e of a or e dit oard for 
tho purchase of motor fuels by a city or county board of 
education or a state agency shall constitute a "contract" as 
required by G.S. 105 449 and G.S. 105 H9A. If a pur 
ohas e of motor fu e l is for a dollar amount that is l e oo than 
tho amount that requires vendors by law to have a state 
contract then G.S. 105 44 9 and G.S. 105 44 9A do not 
r e quir e th e v e ndor to hold a state oontraot. 

Statutory Authority G.S. 105-262; 105-449; 105-449 A. 

SECTION .0500 - REFUNDS 

.0502 NON-HIGHWAY REFUND APPLICATION 
INFORMATION 

Th e following information must b e giv e n on th e applioa 
tion for refund of tax paid on motor fu e ls us e d for 
non highway purpose: 
(4-) Name of machinery or equipment in which motor 

fu e l will b e us e d and engin e or motor numb e r; 
(3} Typ e of storag e equipm e nt used for storing motor 

fuel used for highway and non highway purposes 

and storage capacity; 
Q) If th e applioant is a farm e r, e aoh kind of orop and 

numb e r of aor e s und e r cultivation; 
(4) Make, typo of vehicles, model and license num 

bor. if motor fuel is used in licensed motor vohi 

ol e o from th e sam e storage tank from whioh 

non highway e quipment is o e rvio e d; 
{£) Number of gallons of motor fuel on hand at tho 

beginning of refund period and number of gallons 



on hand at tho end of tho refund period; 

(6) Numb e r of gallons us e d for non highway pur 

pos e s; and if motor fu e l is us e d from samo storage 
to operate both liconscd — motor vehicles and 
non highway equipment, tho number of gallon s 
us e d during th e r e fund p e riod in lio e ns e d motor 
v e hiol e s. 

Statutory Authority G.S. 105-262; 105-440; 105-446. 

.0503 NON-HIGHWAY REFUND INVOICE 
REQUIREMENTS 

An invoice for each purchaso of motor fuol must bo 
submitt e d with th e application for refund for purchas e s mad e 
for non highway us e during th e refund period. — Invoio e o 
must show tho dato of purchaso, name of both purchaser and 
seller, gallons purchased, prico por gallon and amount paid. 
A daily, weokJy or monthly stat e m e nt of purohas e s of motor 
fu e ls is acc e ptabl e provid e d it is pr e par e d by th e s e ll e r, and 
shows all of tho information on oach purchaso of motor 
fuols that is required on an individual invoice. — Invoices and 
stat e m e nts showing alterations or e rasur e s ar e not aoo e pt 
abl e . If no olaim was filed for th e pr e c e ding r e fund period, 
an invoice or statement of purchases must bo attached to 
substantiate inventory at tho beginning of tho refund poriod. 

Statutory Authority G.S. 105-262; 105-440; 105-446. 

.0504 NON-HIGHWAY USERS WITH COMMON 
STORAGE FACILnTES 

No r e fund is du e on motor fu e ls us e d to op e rat e th e e ngin e 
of a motor vohielo licensed to travel on tho streets and 
highways, unless otherwise provided by law. — If motor fuol 
is us e d from th e sam e storag e tank from whioh lioonsod 
motor v e hicl e s and non highway e quipm e nt ar e sorviood, a 
daily use record must bo kept to substantiate tho amount 
withdrawn for lioonsod motor vehicles or non liconscd 
e quipm e nt. Th e s e r e cords ar e to b e k e pt for thr ee oal e ndar 
y e ars from th e dat e th e r e fund application was du e to b e 
filed. 

Statutory Authority G.S. 105-262; 105-446. 

.0505 STATIONARY ENGBVE MOUNTED ON A 
LICENSED MOTOR VEHICLE 

No refund is du e on motor fuels used to op e rat e a station 
ary e ngin e mount e d on a lioonsod motor v e hiol e , e xo e pt 
concrete mixer vehicle s , solid wasto compacting vehicle s 
and certain agricultural delivery vehicles as dofinod by G.S. 
105 116.5, if motor fu e l is uood from th e sam e storag e tank 
mount e d on th e v e hiol e for th e purpos e of op e rating both th e 
stationary ongino and the engine used to propol a lioonsod 
motor vehicle over tho streets and highways. 

Statutory Authority G.S. 105-262; 105-446; 105-446.5. 

.0506 NON-HIGHWAY USERS WITH SEPARATE 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 2008 



PROPOSED RULES 



TANKS 

If separat e tanks are us e d for storag e of motor fuolc for 
highway and non highway us e , th e c a ll e r must indicat e on 
the invoices at tho time of delivery whether the motor fuel 
is for highway or non highway uoo. 

Statutory Authority G.S. 105-262; 105-446. 

.0507 DEALERS DELIVERING FUEL C\TO 
NON-HIGHWAY EQUIPMENT 

Dealers of non highway e quipm e nt pow e r e d by motor fu e l 
arc entitled to a refund on motor fuel placed into their 
equipment provided there i s no charge for tho fuel when the 
equipm e nt is sold. — If th e motor fuel is sold, tho purchaser 
is entitl e d to r e fund on th e motor fuel purchas e d and us e d. 

Statutory Authority G.S. 105-262; 105-446. 

.0508 VEHICLES WTTH SPECIAL MOBILE 
EQUIPMENT LICENSE 

A claimant operating a vehicle with a special mobile 
e quipm e nt tag io not entitl e d to a r e fund on any fuel that is 
used whil e op e rating th e motor vehicl e on th e str ee ts and 
highways. 

Statutory Authority G.S. 105-262; 105-446. 

.0509 REMOVAL OF LICENSE PLATE 

In order to obtain a refund, a person may remove his 
lic e ns e plat e s and surr e nder tho plat e s to th e Commission e r 
of Motor V e hicles, or his ag e nts, or th e Motor Fu e ls Tax 
Division, North Carolina Department of Revenue, for the 
period the vehicles will not be operating on tho streets and 
highway s . 

Any p e rson requesting refund on tax paid motor fu e l us e d 
tn motor vehicles on which tho license plates have not been 
remov e d and surrendered to tho Commissioner of Motor 
V e hicl e s, or his agents, or th e Motor Fu e ls Tax Division, 
will hav e his r e fund claim disallow e d. 

Statutory Authority G.S. 105-262; 105-446. 

.0512 MUNICIPALITIES AND CONTIGUOUS 
MUNICIPALnTES 

In order to define municipalities and contiguous municipal 
iti e s, th e Motor Fu e ls Tax Division will follow th e North 
Carolina — Utiliti e s — Commission — Rul e — R2 69, — which — is 
incorporated by reference, and includes any future amend 
ments. — This rule can be obtained free of charge from th e 
Chief Cl e rk at th e Utiliti e s Commission. 

Statutory Authority G.S. 105-262; 105-446.3. 

.0514 PROPORTIONAL REFUNDS: FORM GAS. 

1200C 

Operators — of concrete — mixing — vehicles, — solid waste 
compacting vehicles and agricultural delivery vehicle s as 



defined by G.S. 105 - 146.5 must file Form Goo. 1200c to 
obtain a r e fund of tax paid motor fu e ls us e d in th e opera 
tions of suoh v e hicl e s. 

This application requires an accounting of tax paid motor 
fuels purchased and used. — Invoices for tax paid motor fuels 
must be submitted with th e application. 

Th e following r e cords must b e k e pt to support rofund 
applications: 

fH Mileage records by vehicle: 

f2-) Fuel records by v e hicl e : 

(3-) Cubic yards of concret e mix d e livered, by v e hicle: 

or tons of compacted waste hauled, by vehicle; or 
tons of bulk feed or fertilizer hauled, by vehicle. 

Statutory Authority G.S. 105-262; 105-446.5. 

.0516 NON-HIGHWAY, CITY/COUNTY, AND 
TAXICAB REFUNDS 

In ord e r to obtain a refund of tax paid on motor fu e ls, tho 
following rofund applications must bo filed: 

H-) Persons using tax paid motor fuels in other than 

lic e ns e d v e hicl e s must Fil e Form Gas. 1201. 

f24 Counti e s, municipal corporations, volunt ee r Fire 

departments, county Fire departments, volunteer 
rescue squads, "sheltered workshop" organizations 
r e cogniz e d and approv e d by th e D e partm e nt of 
Human R e sources, city transit systems and private 
non proFit organizations transporting passengers 
under contract with or at the express designation 
of units of local gov e rnm e nt must Fil e Form Gas - 

(& Operators of taxicabs must File Form Gas. 1200B 

to obtain a refund for tax paid motor fuels used in 
transporting far e paying passengers. 
Th e applications r e quir e an accounting of tax paid motor 
fuels purchased and used. Invoices for tax paid motor fuels 
must bo submitted with the application. 

Statutory Authority G.S. 105-262; 105-446; 105-446.1; 
105-446.3 

SUBCHAPTER 9H - SPECIAL FUELS TAX 

SECTION .0100 - SPECIAL FUELS LICENSES 

.0102 AMOUNT OF BOND OR IRREVOCABLE 
LETTER OF CREDIT REQUDIED 

The amount of bond or irrevocable letter of credit for 
special fuels suppliers shall be rounded to tho nearest one 
thousand dollars ($1.000.00). — If th e amount r e quir e d is 
e xactly — b e tw ee n — two on e thousand — dollar ($1,000.00) 
increments, the amount shall be rounded to the higher of the 

Statutory Authority G.S. 105-262; 105-449.5; 105-449.32. 
.0103 TYPES OF ACCEPTABLE BONDS 



2009 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



Tho Motor Fuols Tax Division will aocopt surety bonds on 
Form Gas. 1212, furniohod by th e Division, e x e out e d by 
any ouroty oompany lioono e d to do buoinooo in thio Stat e . 
Tho Division will also accept bonds secured by tho follow 
ing typos of collateral: 

(4-) C e rtificat e s of d e posit or oashi e r'o oh e oks, mad e 

payabl e to th e taxpay e r; 

(3) Nogotiablo U.S. Treasury bonds; 

(3) Nogotiablo U.S. Treasury' notes; 

(4) Publio Sohool Faciliti e s bonds; 

f5) Housing Finanoe Ag e noy bonds; 

(6} General Obligation Bonds of tho State of North 

Carolina or its political subdivisions; and 

f7-) R e v e nu e Bonds of th e Stat e of North Carolina or 

its politioal subdivisions with a rating of at l e ast 
BAA or BBB. 
Notos and bonds tondorod as collateral must have a fair 
mark e t valu e at l e ast e qual to 115 p e ro e nt of th e collat e ral 
r e quir e d. 

Statutory Authority G.S. 105-449.5; 105-449.32. 

.0105 IRREVOCABLE LETTER OF CREDIT 

Tho Motor Fuols Tax Division will accept an irrevocable 
letter of credit oxocutod on tho Department's Form Gas. - 

+320r 

Statutory Authority G.S. 105-449.5; 105-449.32. 

SECTION .0200 - CONSIGNMENT: SALES 

INVOICES: TAX FREE DELIVERIES: METERS: 

MILEAGES 

.0202 COMPANY OPERATED STATIONS: 
DELIVERY 

Special fuols transferred by a supplier to his company 
operated service stations is considered inventory, and tax 
does not aooru e until sold, d e liv e r e d or us e d. 

Statutory Authority G.S. 105-449.16; 105-449.19; 
105-449.32. 

.0203 COMMON STORAGE 

Suppliers soiling special fuols at retail from a common 
storage tank at a supplier's company oporatod 3orvico station 
must havo separat e m e t e r e d disponsors for highway and 
non highway use. — Th e non highway disp e nser must bo 
marked "for non highway use only." 

Statutory Authority G.S. 105-449.16; 105-449.32. 

.0206 RESELLER REQUIRED TO KEEP METER 
READINGS 

R e s e llers of sp e oial — fu e ls must maintain — r e oords of 
totalizer m e t e r r e adings showing the total gallons disp e ns e d 
by pump3 dispensing special fuols and by pumps dispensing 
non tax paid fuols. 



Statutory Authority G. S. 
105-449.32. 



105-449. 10; 105-449. 1 7; 



.0207 MILEAGE RECORDS: INTRASTATE 
VEHICLES 

Us e rs, bulk users, r e s e ll e rs and suppli e rs must maintain 
r e oords of tho total miles of e aoh v e hiol e using special fu e ls 
and operating wholly within tho stato during tho calendar 
quarter. 

Statutory Authority G.S. 105-449.10; 105-449.32. 

.0208 REPORTING SALES AND DELrVEREES OF 
NON-HIGHWAY DEESEL 

Suppliers shall fil e a r e port and show a full aooountabiliry 
of special fuols. — Non highway saloo of diosel to users and 
bulk usors must bo listed separately by customer on the 
monthly suppli e r r e port if th e users and bulk us e rs have a 
motor v e hicle prop e ll e d by di e s e l. — Oth e rwis e , th e se oalos 
are to bo included in a summary total of non highway diosel 
sales to customers not licensed with this Division. 

Statutory Authority G.S. 105-449.17; 105-449.19; 
105-449.32. 

.0209 BULK USERS: PURCHASES OF 
NON-HIGHWAY DDZSEL 

Bulk usors are not required to koop inventories or report 
bulk purchases of non highway diosel unless tho bulk usors 
have a motor vehiol e prop e ll e d by di e s e l. 

Statutory Authority G.S. 105-449.17; 105-449.21; 
105-449.32. 

.0210 COMMON STORAGE NOT PERMITTED 

Bulk mors and resellers shall not havo common storage of 
tax free fuol for highway use and non highway use. 

Statutory Authority G.S. 105-449.16; 105-449.19; 
105-449.32. 

SECTION .0300 - PROPANE GAS 

.0302 FUEL FROM CARGO SUPPLY TANK 

Propane gas suppliers using directly from their cargo 
supply tank shall r e port and pay special fu e ls tax and 
insp e ction f ee s bas e d on th e truoks storag e tank wat e r (sh e ll) 
capacity, as follows: 

Tank Capaoitv 
M il e s P e r Gallon 

1 thru 1,199 gallons 

8 mil e s per gallon 
1,200 thru 1,599 gallons 

7 milos per gallon 
1,600 thru 2,050 gallon s 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 2010 



PROPOSED RULES 



6 miles per gallon 
2.051 thru 2.999 gallons 

5 mil e s p e r gallon 
3.000 gallons and above 
4 miles per gallon 

The miloe p e r gallon sch e dule is to b e uo e d to det e rmi fte-tke 
tax liability only when propane gas is U3cd from the cargo 
supply tank to propel a delivery truck. — When a separate 
supply tank io connect e d to th e e ngine of a motor v e hicl e , 
special fuels tax and inspection foes are du e on th e actual 
number of gallons of fuel placed into the tank. 



and in conjunction with motor fuels as outlined in 17 NCAC 
9G .0502 through 17 NCAC 9G .0509. 17 NCAC 9G 
.05 M, and 17 NCAC 9G .0516. 

Statutory Authority G.S. 105-446; 105-446.1; 105-446.3; 
105-446.5; 105-449; 105-449A. 

SUBCHAPTER 9K - GASOLINE, DIESEL AND 
BLENDS 

SECTION .0100 - RESERVED FOR FUTURE 
CODIFICATION 



Statutory Authority G.S. 105-449.2; 
105-449.19; 105-449.32; 119-17; 119-18. 



105-449.16: 



.0303 ODOMETER READERS 

Propane suppli e rs reporting and paying tax on th e mil e ag e 
basis shall keep accurate records of th e numb e r of mil e s 
driven each month based on exact odometer readings. 
Propane gas suppliers using special fuels from separate 
supply tanks shall k ee p odom e t e r mileage records for e ach 
motor ' .c hicle op e rat e d. 

Statutory Authority G.S. 105-449.16; 105-449.19; 

105-449.32. 

.0305 REPORTING SALES AND DELIVERIES: 
PROPANE GAS SUPPLIERS 

Non highway sales of propan e gas to users and bulk users 
shall be listed separately — by custom e r on th e monthly 
supplier report if the users and bulk users have a motor 
vehicle propelled by propane gas. — Otherwise, these sales 
ar e to be includ e d in a summary total of non highway 
propan e gas sal e s — to custom e r s — not lic e ns e d — with this 
Division. 



SECTION .0200 - LICENSEVG 

.0201 EXPORTER'S LICENSE 

A person who exports motor fuel from North Carolina and 
is not licensed as a distributor must have an exporter's 
license. To obtain an exporter's license, a person must 
meet the same licensing requirements as a licensed distribu- 
tor. 

Statutory Authority G.S. 105-262; 1 05 -449. 65 (a)(5) ; 
105-449 69; 105-449. 72. 

.0202 LICENSED DISTRIBUTOR CONSIDERED 
TO BE LICENSED AS AN IMPORTER 

A licensed distributor is considered to have a license as an 
importer when the following apply: 

(1) All motor fuel is purchased from an elective or 
permissive supplier; and 

(2) the person reports, in the application for a license 
as a distributor, each state from which the distrib- 
utor intends to import motor fuel. 

Statutory Authority G.S. 105-262; 105-449.65; 105-449.69. 



Statutory Authority G.S. 105-449.17; 105-449.19: 
105-449.32. 

.0306 BULK USERS: PURCHASES OF PROPANE 
GAS 

Bulk us e r s ar e not r e quir e d to k ee p inventories or r e port 
bulk purchases of non highw ay propane gas unless the bulk 
users have a motor vehicle propelled by propane ga s . 

Statutory Authority G.S. 105-449.17; 105-449.21; 
105-449. 32. 

SECTION .0400 - EXEMPTIONS: REFUNDS AND 
LOSSES 

.0409 REFUNDS AND EXEMPTIONS 

Th e Sp e cial Fu e ls Act. consist e nt with the Gasoline Tax 
Act. has r e fund and e x e mption provisions for c e rtain us e e 
of tax paid special fu e l s . 

Special fuels s hall be accounted for in the same manner 



.0203 NOTICE OF ADDmONAL STATES 

A person who imports or exports from a state different 
from those listed on an application for license, shall give 
written notification to the Secretary' of the name of such 
state. 

Statutory Authority G.S. 105-262; 105-449. 69(d). 

.0204 AMOUNT OF BOND OR IRREVOCABLE 
LETTER OF CREDrT REQUD1ED 

The amount of motor fuel bond or irrevocable letter of 
credit shall be rounded to the nearest one thousand dollars 
(SI .000). If the amount required is exactly between two 
one thousand dollar ($1 .000) increments, the amount shall 
be rounded to the higher of the two. 

Statutory Authority G.S. 105-262; 105-449.72. 

.0205 TYPES OF ACCEPTABLE BONDS 

(a) The Motor Fuels Tax Division will accept surety 



2011 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



bonds on Form Gas 1212, furnished by the Division, 
executed by any surety company licensed to do business in 
this State. The Division will also accept bonds secured by 
the following types of collateral: 

(1) Certificates of deposit or cashier's checks, made 
payable to the taxpayer; 

(2) Negotiable U.S. Treasury bonds; 

(3) Negotiable U.S. Treasury notes; 

(4) Public School Facilities bonds; 

(5) Housing Finance Agency bonds; 

(6) General Obligation Bonds of the State of North 
Carolina or its political subdivisions with a 
rating of at least BAA or BBB. 

(b) Notes and bonds tendered as collateral must have a 
fair market value at least equal to 1 15 percent of the 
collateral required. 



Statutory Authority G.S. 105-262; 105-449.105. 

.0502 SALES TO U.S. GOVERNMENT: REFUND 
FORM GAS 1206 

(a) The first section of form 1206 is to be completed by 
vendors that have sold tax paid motor fuels to the U.S. 
Government at a price that did not include the motor fuels 
tax. Copies of sales invoices must be submitted with the 
application. 

(b) The second section of form 1206 is to be completed 
by U.S. Government agencies to secure refunds on the tax 
on motor fuels that were purchased at a price that included 
the motor fuels tax. Copies of purchase invoices must be 
submitted with the application. 

Statutory Authority G.S. 105-262; 105-449.105. 



Statutory Authority G.S. 105-262; 105-449.72. 

.0206 IRREVOCABLE LETTER OF CREDIT 

The Motor Fuels Division will accept an irrevocable letter 
of credit executed on the Department's Form Gas 1220. 

Statutory Authority G.S. 105-262; 105-449.72. 

SECTION .0300 - RESERVED FOR FUTURE 
CODIFICATION 

SECTION .0400 - PAYMENT AND REPORTING 

.0401 REPORTING INFORMATION IN THE 
PROPER REPORTING PERIOD 

All motor fuels transactions shall be reported on the 
monthly motor fuels tax report for the month that the 
transaction occurred, as transactions that occur during a 
calendar month cannot be carried over to the next month's 
report. 

Statutory Authority G.S. 105-262; 105-449.90. 

SECTION .0500 - REFUNDS 

.0501 DOCUMENTING SALES TO THE UNITED 
STATES GOVERNMENT 

(a) The following alternatives may be used by distributors 
as a means of documenting, on their tax returns, sales of 
motor fuels to the United States Government that are exempt 
from the motor fuels tax: 

(1) Listing or computer run of sales to the U.S. 
Government; or 

(2) Sales invoice copies certified by the distributor; 
or 

(3) U.S. Government Tax Exemption Certificate, 
Form 1094. 

(b) When listing or computer runs are used, distributors 
must retain copies of sales invoices to support the exemption 
claimed. 



.0503 OFF-HIGHWAY REFUND APPLICATION 
INFORMATION 

The following information must be given on the applica- 
tion for refund of tax paid on motor fuels used for 
off-highway purpose: 

(1) Name of machinery or equipment in which motor 
fuels will be used and engine or motor number; 

(2) Type of storage equipment used for storing motor 
fuels used for highway and off-highway purposes 
and storage capacity; 

(3) If the applicant is a farmer, each kind of crop and 
number of acres under cultivation; 

£4} Make, type of vehicles, model and license num- 
ber, if motor fuel is used in licensed motor vehi- 
cles from the same storage tank from which 
off-highway equipment is serviced; 

(5) Number of gallons of motor fuel on hand at the 
beginning of refund period and number of gallons 
on hand at the end of the refund period; 

(6) Number of gallons used for off-highway purposes; 
and if motor fuel is used from same storage to 
operate both licensed motor vehicles and 
off-highway equipment, the number of gallons 
used during the refund period in licensed motor 
vehicles. 

Statutory Authority G.S. 105-262; 105-449.107. 

.0504 OFF-HIGHWAY REFUND INVOICE 
REQUIREMENTS 

An invoice for each purchase of motor fuels must be 
submitted with the application for refund for purchases made 
for off-highway use during the refund period. Invoices 
must show the date of purchase, name of both purchaser and 
seller, gallons purchased, pnce per gallon and amount paid. 
A daily, weekly or monthly statement of purchases of motor 
fuels is acceptable provided it is prepared by the seller, and 
shows all of the information on each purchase of motor 
fuels that is required on an individual invoice. Invoices and 
statements showing alterations or erasures are not accept- 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 2012 



PROPOSED RULES 



able. If no claim was filed for the preceding refund period, 
an invoice or statement must be attached to substantiate 
inventory at the beginning of the refund period. 

Statutory Authority G.S. 105-262; 105-107. 



equipment tag is not entitled to a refund on any fuel that is 
used in operating the motor vehicle on the streets and 
highway. 

Statutory Authority G.S. 105-262; 105-449.107. 



.0505 OFF-HIGHWAY USERS WITH COMMON 
STORAGE FACILITIES 

No refund is due on motor fuel used to operate the engine 
of a motor vehicle licensed to travel on the streets and 
highways, unless otherwise provided by law. If motor fuel 
is used from the same storage tank from which licensed 
motor vehicles and off-highway equipment are serviced, a 
daily use record must be kept to substantiate the amount 
withdrawn for licensed motor vehicles or non-licensed 
equipment. These records are to be kept for three calendar 
years from the date the refund application was due to be 
filed. 

Statutory Authority G.S. 105-262; 105-449.107. 

.0506 STATIONARY ENGINE MOUNTED ON A 
LICENSED MOTOR VEHICLE 

No refund is due on motor fuels used to operate a station- 
ary engine mounted on a licensed motor vehicle, except 
concrete mixer vehicles, solid waste compacting vehicles, 
certain agricultural delivery vehicles and tank wagons, as 
defined by G.S. 105-449. 107, if motor fuel is used from the 
same storage tank mounted on the vehicle for the purpose of 
operating both the stationary engine and the engine used to 
propel a licensed motor vehicle over the streets and high- 
ways. 

Statutory Authority G.S. 105-262; 105-449.107. 

.0507 OFF-HIGHWAY USERS WITH SEPARATE 
TANKS 

If separate tanks are used for storage of motor fuels for 
highway and off-highway use, the seller must indicate on the 
invoices at the time of delivery whether the motor fuel is for 
highway or off-highway use. 

Statutory Authority G.S. 105-262; 205-449. 107. 

.0508 DEALERS DELIVERING FUEL INTO 
OFF-HIGHWAY EQUIPMENT 

Dealers of off-highway equipment powered by motor fuel 
are entitled to a refund on motor fuel placed into their 
equipment provided there is no charge for the fuel when the 
equipment is sold. If the motor fuel is sold, the purchaser 
is entitled to a refund on the motor fuel purchased and used. 

Statutory Authority G.S. 105-262; 105-449.107. 

.0509 VEHICLES WITH SPECIAL MOBILE 
EQUIPMENT LICENSE 

A claimant operating a vehicle with a special mobile 



.0510 REMOVAL OF LICENSE PLATE 

(a) In order to obtain a refund, a person may remove his 
license plates and surrender the plates to the Commissioner 
of Motor Vehicles, or his agents, or the Motor Fuel Tax 
Division, North Carolina Department of Revenue, for the 
period the vehicles will not be operating on the streets and 
highways. 

(b) Any person requesting a refund on tax paid motor fuel 
used in motor vehicles on which the license plates have not 
been removed and surrendered will have the refund claim 
disallowed. 

Statutory Authority G.S. 105-262; 105-449.107. 

.0511 MUNICIPALITIES AND CONTIGUOUS 
MUNICIPALITIES 

In order to define municipalities and contiguous municipal- 
ities, the Motor Fuels Tax Division will follow the North 
Carolina Utilities Commission Rule R2-69, which is 
incorporated by reference, and includes any future amend- 
ments. This Rule can be obtained free of charge from the 
Chief Clerk at the Utilities Commission. 

Statutory Authority G.S. 105-262; 105-449.106. 



.0512 



FORM GAS 



PROPORTIONAL REFUNDS: 
1200C 

(a) Operators of concrete mixing vehicles, solid waste 
compacting vehicles, agricultural vehicles and tank wagons 
as defined by G.S. 105^49.107 must file Form Gas. 1200C 
to obtain a refund of tax paid motor fuels used in the 
operation of such vehicles. 

(b) This application requires an accounting of tax paid 
motor fuels purchased and used. Invoices for tax paid 
motor fuels must be submitted with the application. 

(c) The following records must be kept to support refund 
applications: 

(1) Mileage records by vehicle; 
Fuel records by vehicle; 

Cubic yards of concrete mix delivered, by 
vehicle; or tons of compacted waste hauled, by 
vehicle; or tons of bulk feed or fertilizer hauled, 
by vehicle. 

Statutory Authority G.S. 105-262; 105-449.107. 

.0513 OFF-HIGHWAY, CITY/COUNTY AND 
TAXICAB REFUNDS 

(a) In order to obtain a refund of tax paid on motor fuels, 
the following applications must be filed: 

(1) Persons using tax paid motor fuels, in other than 



(2) 



2013 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



licensed vehicles, must file Form Gas 1201 . 

(2) Counties, municipal corporations, volunteer fire 
departments, volunteer rescue squads, "sheltered 
workshop" organizations recognized and ap- 
proved by the Department of Human Resources, 
city transit systems and private non-profit orga- 
nizations transporting passengers under contract 
with or at the express designation of units of 
local government must file Form Gas 1200, 

(3) Operators of taxicabs must file Form Gas 1200B 
to obtain a refund for tax paid motor fuels used 
in transporting fare-paying passengers. 

(b) The applications require an accounting of tax paid 
motor fuels purchased and used. Invoices for tax paid 
motor fuels must be submitted with the application. 



(c) Fuel availability schedules; 

(d) Intrastate mileage records. 

Statutory Authority G.S. 105-262; 105-449.121. 

SECTION .0700 - RESERVED FOR FUTURE 
CODIFICATION 

SUBCHAPTER 9L - ALTERNATIVE FUEL 

SECTION .0100 - RESERVED FOR FUTURE 
CODIFICATION 

SECTION .0200 - RESERVED FOR FUTURE 
CODIFICATION 



Statutory Authority 
105-449. 107. 



G.S. 105-262; 105-449.106; 



SECTION .0600 - ENFORCEMENT AND 
ADMINISTRATION 

.0601 RECORDS OF EXEMPT SALES 

To enable the Department of Revenue to identify the sales 
made to exempt purchasers of motor fuels, a licensed 
distributor shall provide such information on a quarterly 
basis. A licensed distributor may use its Quarterly Recon- 
ciling Report to provide the required information 



Statutory Authority G. S. 
105-449.61 (cj. 



105-251; 105-252; 105-262; 



SECTION .0300 - TAX AND LIABILITY 

.0301 EQUIVALENT RATE FOR COMPRESSED 
NATURAL GAS 

(a) When compressed natural gas is dispensed as a motor 
fuel the method of measurement is; one Gasoline Gallon 
Equivalent ^_ 5.660 lb. of compressed natural gas. 

(b) The current alternative fuel and inspection tax rate 
will be applied to compute the tax. 

Statutory Authority G.S. 105-262; 105-449.136. 

.0302 UNBLENDED KEROSENE AS 
ALTERNATIVE FUEL 

Unblended kerosene is an alternative fuel. 



.0602 RECORD-KEEPING REQUIREMENTS OF 

BULK-END USERS, RETAILERS AND USERS 

To enable the Secretary or a person designated by the 
Secretary to prepare audits, bulk-end users, retailers and 
users of motor fuels must maintain for a period of three 
years, records as follows: 

£JU Users: 

(a) All fuel receipts, highway and non-tax-paid; 

(b) Quarterly odometer readings, regardless of 
weight classification; 

(c) Purchase and disposition dates of fleet vehicles; 

(d) List of current vehicles by registered gross 
weight. 

£2} Bulk-End Users: 

(a) All fuel receipts, highway and non-tax-paid; 

(b) Withdrawal statements of fuel from bulk storage 
facilities; 

(c) Quarterly odometer readings, regardless of 
weight classification; 

(d) Purchase and disposition dates of fleet vehicles; 

(e) List of current vehicles by registered gross 
weight. 

(3) Retailers: 

(a) All fuel receipts and bills of lading; 

(b) Meter readings; 



Statutory Authority G.S. 105-262; 105-449.130. 

SECTION .0400 - PAYMENT AND REPORTING 

.0401 FUEL FROM CARGO SUPPLY TANK 

(a) Alternative fuel providers using propane gas directly 
from their cargo supply tank shall report and pay alternative 
fuel tax and inspection tax based on the truck's storage tank 
water (shell) capacity, as follows: 

Tank Capacity 
Miles Per Gallon 

1 thru 1,199 gallons 

8 miles per gallon 
1,200 thru 1,599 gallons 

7 miles per gallon 
1,600 thru 2,050 gallons 

6 miles per gallon 
2,051 thru 2,999 gallons 

5 miles per gallon 
3,000 gallons and above 

4 miles per gallon 

(b) The miles per gallon schedule is to be used to 
determine the tax liability only when propane is used from 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 2014 



PROPOSED RULES 



the cargo supply tank to propel a delivery truck. When a 
separate supply tank is connected to the engine of a motor 
vehicle, alternative fuel tax and inspection tax are due on 
the actual number of gallons of fuel placed into the tank. 

Statutory Authority G.S. 105-262; 105-449.137. 

.0402 ODOMETER READINGS 

Alternative fuel providers reporting and paving tax on 
propane gas vehicles on the mileage basis shall keep 
accurate records of the number of miles driven each month 
based on exact odometer readings. Alternative fuel provid- 
ers using propane from separate supply tanks shall keep 
odometer mileage records for each motor vehicle operated. 

Statutory Authority G.S. 105-262; 105-449.137. 

.0403 REPORTING SALES AND DELIVERIES: 
PROPANE GAS SUPPLIERS 

Non-highway sales of propane gas to users and bulk -end 
users shall be listed separately by customer on the monthly 
Alternative Fuel Provider's Report if the users and bulk-end 
users have a motor vehicle propelled by propane gas. 

Statutory Authority G.S. 105-262; 105-449.137. 

.0404 BULK-END USERS; PURCHASES OF 
PROPANE GAS 

Bulk -end users are not required to keep inventories or 
report bulk purchases of non-highway propane gas unless 
the bulk-end users have a motor vehicle propelled by 
propane gas. 

Statutory Authority G.S. 105-262; 105-449.138. 

SECTION .0500 - RESERVED FOR FUTURE 
CODIFICATION 

SECTION .0600 - RESERVED FOR FUTURE 
CODIFICATION 

SECTION .0700 - RESERVED FOR FUTURE 
CODIFICATION 



TITLE 18 - SECRETARY OF STATE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Boxing Commission is developing 
rules to regulate Boxing in North Carolina. The Commis- 
sion intends to adopt these Rules as Temporary Rules to 
become effective January 1 , 1996 to govern rules regulating 
the Boxing Commission. The agency will subsequently 
publish in the Register the text of the rules it proposes to 
adopt as a result of the public hearing and of any comments 
received on the subject matter. 



Proposed Effective Date: April 1, 1996. 

A Public Hearing will be conducted at 10:00 a.m. on 
December 4, 1995 at the Secretary of State's Office, 3rd 
Floor Conference Room, 300 N. Salisbury Street, Raleigh, 
NC 27603-5909. 

Reason for Proposed Action: To enact recent legislation 
passed by the 1995 legislative session in Ratified House Bill 
No. 555. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing or mail 
comments to The Boxing Commission, Secretary of State's 
Office, 300 N. Salisbury Street, Raleigh, NC 27603-5909. 
All comments must be received no later than 5:00 p.m. on 
December 4, 1995. 



TrTLE 19A - DEPARTMENT OF 
TRANSPORTATION 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Transportation intends to adopt rules cited as 19 A NCAC 
02D .1101 - .1112. 

Proposed Effective Date: March 1, 1996. 

A Public Hearing will be conducted at 10:00 a.m. on 
November 30, 1995 at the Transportation Building, Room 
102, 1 South Wilmington Street, Raleigh, NC 27611. 

Reason for Proposed Action: Pursuant to G.S. 136.28.4, 
the Department is adopting rules to administer the DBE- 
MBE-WBE Programs which are currently operational. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rides by mailing the 
comments to Emily Lee, Department of Transportation , P.O. 
Box 25201, Raleigh, NC 27611, within 30 days after the 
proposed rules are published. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 2 - DIVISION OF HIGHWAYS 

SUBCHAPTER 2D - HIGHWAY OPERATIONS 

SECTION .1100 - DISADVANTAGED BUSINESS 
ENTERPRISE, MINORrTY BUSINESS 

ENTERPRISE, AND WOMEN 

BUSINESS ENTERPRISE PROGRAMS 

FOR HIGHWAY AND BRIDGE 

CONSTRUCTION CONTRACTS 



2075 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



.1101 PURPOSE 

(a) The North Carolina Department of Transportation 
shall ensure that Disadvantaged Business Enterprises (DBE) 
have the maximum opportunity to participate in the perfor- 
mance of contracts financed in whole or in part with Federal 
funds. 

(b) The North Carolina Department of Transportation 
shall ensure that Minority Business Enterprises (MBE) and 
Women Business Enterprises (WBE) have the maximum 
opportunity to participate in the performance of contracts 
financed with non-Federal funds. 

Statutory Authority G.S. 136-28.4; 143B-348. 

.1102 DEFINITIONS 

For purposes of the rules in this Section, the following 
terms shall apply: 
(1) Socially and economically disadvantaged individ- 
ual means a person who is a citizen or lawful 
permanent resident of the United States and who 
is: 
A Black American; 
A Hispanic American: 
An Asian-Pacific American; 
A Native American; 



(a) 
i£l 

M 

in 



(hi 



£21 



ill 
£bl 

£cl 



£21 



An Asian-Indian American; 
A Woman; 

A member of another group or an individual 
found to be economically and socially disadvan- 
taged by the Small Business Administration 
under Section 8(a) of the Small Business Admin- 
istration Act, as amended [15 U.S.C. 637(d)!; 
A member of another group, or an individual 
found to be economically and socially disadvan- 
taged by the North Carolina Department of 
Transportation. 
Disadvantaged Business Enterprise (DBE) means 
a small business concern, as defined pursuant to 
Section 3 of the Small Business Act (15 U.S.C. 
632) and implementing regulations which is: 
Owned and controlled by one or more socially 
and economically disadvantaged individuals; 
A firm which has been found to be socially and 
economically disadvantaged by the Small Busi- 
ness Act under the 8(a) program; or 
A firm which has been certified as socially and 
economically disadvantaged by the North Caro- 
lina Department of Transportation except that 
such term shall not include any concern or group 
of concerns controlled by the same socially and 
economically disadvantaged individual or indi- 
viduals which has average annual gross receipts 
over the preceding three fiscal years in excess of 
fourteen million dollars ($14,000,000) as ad- 
justed by the Department for inflation. 
An Owned and Controlled Business means a 
business: 



(al 

(hi 
£41 



£51 
£61 

£21 



£81 

£al 

£M 

(cl 
£dl 

£21 



(10) 

an 



Which is at least 51 percent owned by one or 
more eligible individuals, or in case of a pub- 
licly owned business at least 51 percent of the 
stock is owned by one or more eligible individu- 
als; and 

Whose management and daily business opera- 
tions are controlled by one or more of the 
eligible individuals who own it^ 
Eligible Individual means a socially and economi- 
cally disadvantaged individual as defined in this 
Rule on projects financed in whole or in part with 
Federal funds. On projects financed with non- 
Federal funds, eligible individual means a minor- 
ity or woman individual as defined in this Rule. 
Eligible Firm means a firm owned and controlled 
by an eligible individual as defined in this Rule. 
An eligible manufacturer means a firm owned and 
controlled by an eligible individual that operates or 
maintains a factory or establishment which pro- 
duces on the premises the materials or supplies 
obtained by the contractor. 

An eligible regular dealer means a firm that owns, 
operates, or maintains a store, warehouse, or 
other establishment in which materials or supplies 
required for the performance of the contract are 
bought, kept in stock, and regularly sold to the 
public in the usual course of business. To be an 
eligible regular dealer, the firm must engage in, as 
its principal business and in its own name, the 
purchase and sale of products in question. A 
regular dealer in such items as steel, cement, 
gravel, stone, and petroleum products need not 
keep such products in stock if it owns and oper- 
ates distribution equipment. Brokers and packag- 
ers shall not be regarded as manufacturers or 
regular dealers within the meaning of this Rule. 
Minority means a citizen or lawful permanent 
resident of the United States who is: 
A Black American; 



A Hispanic American; 
An Asian-Pacific American; 
A Native American; or 
An Asian-Indian American. 



Minority Business (MB) means a business firm 
which is owned and controlled by one or more 
minorities, except that such term shall not include 
any concern or group of concerns controlled by 
the same minority individual or individuals which 
has average annual gross receipts over the preced- 
ing three fiscal years in excess of fourteen million 
dollars ($14,000,000) as adjusted by the Depart- 
ment for inflation. 

Woman means a citizen or lawful permanent 
resident of the United States who is female. 
Women Business (WB) means a business firm 
which is owned and controlled by one or more 
women, except that such term shall not include 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 2016 



PROPOSED RULES 



any concern or group of concerns controlled by 
the same female individual or individuals which 
has average annual gross receipts over the preced- 
ing three fiscal years in excess of fourteen million 
dollars ($14,000,000) as adjusted by the Depart- 
ment for inflation. 

Statutory Authority G.S. 143B-348. 

. 1 103 CERTIFICATION OF FIRMS 

(a) Any Disadvantaged Business Enterprise, Minority 
Business Enterprise, or Women Business Enterprise firms 
wishing to participate in the goals programs of the Depart- 
ment shall be certified by the Department. 

(b) The Department will conduct a certification review 
after it receives a completed Schedule A and checklist which 
is available at no cost from the Civil Rights and Business 
Development Section of the Contractual Services Unit, P.O. 
Box 25201, Raleigh, NC, telephone 919-733-2300. The 
certification review shall be conducted in accordance with 
the Code of Federal Regulations, 49 CFR 23. The stan- 
dards of eligibility shall be those prescribed by the Code of 
Federal Regulations, 49 CFR 23.53, which is hereby 
incorporated by reference including all subsequent amend- 
ments and editions. This publication is available at a cost 
of twenty three dollars ($23.00) from the U.S. Government 
Printing Office, Superintendent of Documents, Mail Stop 
SSOP, Washington, DC 20402-9328, telephone 202-512- 
1800. 

Statutory Authority G.S. 136-28.4; 143B-348. 

. 1 104 ANNUAL RENEWAL OF CERTIFICATION 

(a) Each firm certified as a Disadvantaged Business 
Enterprise, Minority Business Enterprise, or Women 
Business Enterprise shall renew its certification annually. 
The annual review shall be conducted in accordance with the 
Code of Federal Regulations, 49 CFR 23. 

(b) In the event a firm fails to renew its certification 
within 15 months of the issuance of its most recent certifica- 



tion, that firm's name shall be removed from the Depart- 
ment's Disadvantaged/Minority /Women Business Enterprise 
Directory which js published monthly and can be obtained 
at no cost from the Division of Highways, P.O. Box 25201, 
Raleigh, NC 27611, telephone 919-733-2300. 

Statutory Authority G.S. 143B-348. 

. 1 1 05 CHANGE IN OWNERSHIP OR 
CONTROL 

(a) At any time there is a change of ownership or control 
of a firm certified with the Department, that firm shall 
submit a revised Schedule A which is available at no cost 
from the Civil Rights and Business Development Section of 
the Contractual Services Unit, P.O. Box 25201, Raleigh, 
NC 27611, telephone 919-733-2300. 

(b) The Department shall evaluate the firm using stan- 



dards of eligibility as prescribed in the Code of Federal 
Regulations, 49 CFR 23.53. 

Statutory Authority G.S. 143B-348. 

.1106 DECERTIFICATION 

(a) Each firm certified with the Department shall at all 
times comply with the standards of eligibility as prescribed 
in 49 CFR 23. 

(b) In the event the Department finds a firm in non- 
compliance with the standards of eligibility, that firm shall 
be decertified and its name removed from the Disadvan- 
taged/Minority Business Enterprise Directory. 

Statutory Authority G.S. 143B-348. 

. 1 107 APPEALS OF DENIAL OF 
CERTIFICATION 

(a) Any firm which believes it has been wrongly denied 
certification or which believes h has been wrongly decerti- 
fied may file an appeal of that denial to the Department's 
Director of Civil Rights, P.O. Box 25201, Raleigh, NC 
27611, telephone 919-733-2300. 

(b) The filed appeal must be received by the Director of 
Civil Rights within 20 calendar days of the notice of denial. 
Upon receipt of the appeal, the Director shall schedule a 
hearing for the firm with the Department's DBE A ppeals 
Committee. 

(cj If the denial of certification is upheld by the Appeals 
Committee, the firm may file a written appeal within 180 
days of the initial denial with the U.S. Department of 
Transportation, 400 7th Street, S.W., Washington, DC 
20590, telephone 202-336-1 111, in accordance with the 
Code of Federal Regulations, 49 CFR 23.55. 

Statutory Authority G.S. 143B-348. 

.1108 GOALS 

(a) For each highway or bridge construction project 
determined appropriate by the Department, a disadvantaged 
business enterprise goal or minority and women business 
enterprise goals shall be established. The goal or goals shall 
be prescribed in the project proposal as a percent of the 
bidder's bid price. 

(b) The Contractor shall exercise all necessary and 
reasonable steps to ensure that eligible firms participate in 
at least the percentage of the contract as required by the 
project proposal. 

Statutory Authority G.S. 136-28.4; 143B-348. 

.1109 COUNTING PARTICIPATION 

TOWARD MEETING THE GOAL 

(a) All bidders, at the time a bid proposal is submitted, 
shall also submit a listing of participation on the appropriate 
form, contained in the proposal, in order for the bid to be 
considered responsive. For a firm to be counted toward 



2017 



NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



meeting the goal, the firm shall be certified by the Depart- 
ment as evidenced by a current letter of certification or by 
its listing on the current Disadvantaged/Minority/Women 
Business Enterprise Directory, which is published monthly 
by the department and is available at no cost from the Civil 
Rights & Business Development Section, P.O. Box 25201, 
Raleigh, NC 27611, telephone 919-733-2300. 

(b) If a firm is determined to be an eligible firm and 
certified by the Department, the total dollar value of the 
participation provided by the firm shall be counted toward 
the goal. The total dollar value of participation by the 
certified firm shall be based upon unit or lump sum prices 
agreed upon by the prime contractor and the certified firm. 

(c) The Contractor may count toward its appropriate goal 
a portion of the total dollar value of participation with a 
joint venture eligible under the standards of this Rule equal 
to the percentage of the ownership and control of the 
eligible partner in the joint venture. 

(d) The Contractor may count toward its goal only the 
expenditures to the certified eligible firm that perform a 
commercially useful function in the work of a contract. An 
eligible firm is considered to perform a commercially useful 
function when it is responsible for execution of a distinct 
element of the work of a contract and carrying out its 
responsibilities by actually performing, managing, and 
supervising the work involved. To determine whether an 
eligible firm is performing a commercially useful function, 
the Department shall evaluate the amount of work subcon- 
tracted, industry practices, and other relevant factors. 

(e) A contractor may count toward its goal 60 percent of 
its expenditures for materials and supplies required to 
complete the contract and obtained from an eligible regular 
dealer, and 100 percent of such expenditures to an eligible 
manufacturer. 

£fj A contractor may count toward its goal the following 
expenditures to eligible firms that are not manufacturers or 
regular dealers: 

(1) The fees and commissions charged for providing 
a bona fide service such as professional, techni- 
cal, consultant, or managerial services and 
assistance in the procurement of essential per- 
sonnel, facilities, equipment, or supplies re- 
quired for the performance of the contract, 
provided that the fee or commission is deter- 
mined by the Department to be reasonable and 
not excessive as compared to fees customarily 
allowed for similar services. 

£2} The fees charged for the delivery of materials 
and supplies required on a job site fbut not the 
cost of the materials and supplies themselves) 
when the hauler, trucker, or delivery service is 
not also the manufacturer of or a regular dealer 
in the materials and supplies, provided that the 
fee is determined by the Department to be 
reasonable and not excessive as compared with 
fees customarily allowed for similar services. 

(3) The fees or commissions charged for providing 



any bonds or insurance specifically required for 
the performance of the contract provided that the 
fee or commission is determined by the Depart- 
ment to be reasonable and not excessive as 
compared with the fees customarily allowed for 
similar services, 
(g) For a given contract line item or contracts financed 
with non-federal funds, the Contractor shall designate the 
goal to which the total dollar value of participation awarded 
to a firm owned and controlled by a minority woman shall 
be credited. The total dollar value for such firms shall be 
credited to one goal only and shall not be split or duplicated 
between the Minority Business or Women Business goals. 
(h) On projects funded entirely with non-federal funds, 
should the contractor submit with his bid submittal participa- 
tion in excess of the goal(s) by an amount equal to or 
greater than one thousand dollars ($1,000). then the Depart- 
ment will place on deposit for future use by the contractor 
the amount of participation in excess of the goal(s). 
Separate accounts will be maintained by the Department for 
minority and women goals. The contractor may accumulate 
excess participation for a period not to exceed 24 months. 

Statutory Authority G.S. 136-28.4; 143B-348. 

.1110 NON-ATTAINMENT OF GOALS 

(a) When the low bidder fails to obtain the participation 
required to satisfy goals established in the project proposal, 
he shall submit information to demonstrate to the Depart- 
ment he has made sufficient reasonable good faith efforts to 
satisfy the goals. The submission shall be received by the 
Department on or prior to the date and time specified in the 
project proposal. The following factors will be evaluated by 
the Department prior to determining whether the contractor 
has demonstrated good faith efforts: 

(1) Whether the bidder attended any pre-bid meet- 
ings that were scheduled by the Department to 
inform eligible firms of subcontracting opportu- 
nities; 

(2) Whether the bidder provided written notice to a 
reasonable number of eligible firms that their 
interest in the contract was being solicited; 

(3) Whether the bidder followed up initial solicita- 
tions of interest by contacting eligible firms to 
determine with certainty they were interested; 

(4) Whether the bidder selected portions of the work 
to be performed by eligible firms in order to 
increase the likelihood of meeting the contract 
goals; 

(5) Whether the bidder provided interested eligible 
firms with adequate information about the plans, 
specifications, and requirements of the contract; 

(6) Whether the bidder negotiated in good faith with 
interested eligible firms not rejecting them as 
unqualified without sound reasons based on a 
thorough investigation of their capabilities; 

(7) Whether quotations were received from inter- 



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PROPOSED RULES 



ested eligible firms but rejected as unacceptable 
without sound reasons why the quotations were 
considered unacceptable. For projects funded in 
whole or part with Federal funds, the fact that 
the DBE firm's quotation for the work is not the 
lowest quotation received shall not in itself be 
considered a sound reason for rejecting the 
quotation as unacceptable. Nothing in this Rule 
shall be construed to require the Contractor to 
accept unreasonable quotes in order to satisfy the 
goals. 

(8) Whether the bidder made efforts to assist inter- 
ested eligible firms in obtaining any required 
insurance; 

(9) Whether the bidder specifically negotiated with 
subcontractors to assume part of the responsibil- 
ity to meet the contract goals. 

£bj In the event one bidder is the apparent low bidder on 
two projects within the same letting and located in the same 
geographic area of the state, as a part of the good faith 
effort, the Department shall consider allowing the bidder to 
combine participation in like goals programs as long as the 
overall goal value of both projects is achieved. 

(c) In the event the apparent low bidder on a project 
funded entirely with non-federal funds fails to meet the 
goal(s) required by the proposal, he may as a part of his 
good faith effort, request the Department to consider the 
withdrawal of sufficient in-kind participation previously 
deposited by him in accordance with Rule . 1 109(Ti) of this 
Section to satisfy the goal(s) requirement. 

(d) If the apparent low bidder fails to submit sufficient 
participation by eligible firms to satisfy the contract goals 
and upon determination by the Department based upon the 
information submitted that the apparent lowest responsive 
bidder failed to make sufficient reasonable efforts to meet 
the contract goals, the Board of Transportation may reject 
the bid. 

(e) In the event the Board of Transportation does not 
award the contract to the lowest responsive bidder, the 
Board of Transportation may award the contract to the next 
lowest responsive bidder that can satisfy the Department that 
the contract goals have been met or demonstrated a reason- 
able good faith effort to do sex 

Statutory Authority G.S. 136-28.4; 143B-348. 

.1111 PERFORMANCE RELATED 

REPLACEMENT OF ELIGIBLE FIRMS 

The Department may allow replacement of an eligible firm 
for the following performance related reasons: 

(1) If an eligible firm listed by the contractor and 
submitted at the time of bidding does not perform 
in a satisfactory manner, the contractor shall make 
all necessary, reasonable efforts to replace the 
eligible firm with another eligible firm in the same 
category as the firm originally submitted. 

(2) Any substitution of eligible firms after award of 



the contract must be approved by the Department. 
The contractor shall submit any requests for 
substitutions through the Resident Engineer, and 
the request must provide the basis or reason for 
the proposed substitution. 

(3) To demonstrate necessary, reasonable efforts, the 
contractor shall document the steps he has taken to 
replace eligible firms with othe r eligible firms. 
Such documentation shall include but not be 
limited to the following: 

(a) Copies of written notification to eligible firms 
that their interest is solicited in subcontracting 
the work defaulted by the previous subcontractor 
or in subcontracting other work in the contract: 

(b) Efforts to negotiate with eligible firms for 
specific subbids including at a minimum: 

(i) The names, addresses, and telephone numbers 
of eligible firms that were contacted; 

(ii) A description of the information provided 
eligible firms regarding the plans and specifi- 
cations for portions of the work to be per- 
formed; and 

(c) A statement of why additional agreements with 
eligible firms were not reached; 

(d) For each eligible firm rejected as unqualified, 
the reasons for the contractor's conclusion; 

(e) Efforts made to assist the eligible firms con- 
tacted, jf needed in obtaining bonding or insur- 
ance required by the contractor. 

(4) Failure of the contractor to demonstrate reasonable 
efforts to replace an eligible firm with another 
eligible firm shall be just cause to disqualify the 
contractor from further bidding for a period of up 
to six months after notification by certified mail. 

Statutory Authority G.S. 136-28.4; 143B-348. 

.1112 REPLACEMENT OF AN ELIGIBLE 

FIRM REMOVED BY DECERTIFICATION 

The Department may allow replacement of an eligible firm 
under the following conditions: 

(1) If the Department has approved a Request For 
Subcontract for a particular eligible firm, and that 
eligible firm is subsequently decertified by the 
Department, the Department shall not require the 
prime contractor to solicit replacement participa- 
tion equal to the remaining work to be performed 
by the certified firm. 

(2) If a prime contractor has a listed eligible firm in 
his low bid submittal and that firm is decertified 
prior to the Department approving a Request for 
Subcontract for the named eligible firm, the prime 
contractor shall be required to make a good faith 
effort in accordance with 19A NCAC 02D 
.11 11(3) of this Section to: 

(a) Replace the decertified firm with a certified 

firm; or 



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PROPOSED RULES 



(b) Obtain replacement participation in other areas 
of the work. 

Statutory Authority G.S. 136-28.4; 143B-348. 
****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Transportation intends to amend rules cited as 19A NCAC 
03D .0517, .0549 and adopt 19A NCAC 03D .0551 - .0553. 

Temporary: These Rules were filed as temporary rules 
effective November 1 , 1995 for a period of 180 days or until 
the permanent rules become effective, whichever is sooner. 

Proposed Effective Date: February 1 , 1996. 

A Public Hearing will be conducted at 2:00 p.m. on 
November 30, 1995 at the DMV Annex Conference Room. 
Room 201, 1100 New Bern Avenue, Raleigh, NC 27697. 

Reason for Proposed Action: Amendments to and adoption 
of these rules are necessitated by window tinting legislation 
enacted in the 1995 Session of the General Assembly. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rules by mailing the 
comments to Emily Lee, N.C. DOT, PO Box 25201, Ra- 
leigh, NC 27611 within 30 days after the proposed rules are 
published. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. 

CHAPTER 3 - DIVISION OF MOTOR 
VEHICLES 

SUBCHAPTER 3D - ENFORCEMENT 
SECTION 

SECTION .0500 - GENERAL INFORMATION 

REGARDING SAFETY 

INSPECTION OF MOTOR VEHICLES 

.0517 DEFINITIONS 

For purposes of this Section, these words and phrases 
shall have the following meanings, except in those instances 
where the context clearly indicates a different meaning. 

(1) Abbreviations: Abbreviations used in these Rules 
shall have the following meanings: 

(a) CO - Carbon Monoxide, 

(b) G.V.W.R. - Gross Vehicle Weight Rating, 

(c) HC - Hydrocarbons, 

(d) PSI - Pounds Per Square Inch, 

(e) NOx - Nitrogen Oxides, 

(f) PPM - Parts Per Million, 



(g) 
(2) 

(3) 



(4) 



(5) 
(6) 



(7) 
(8) 



(9) 
(10) 

(11) 



(12) 



% - Percent, 
Ambient Air: That portion of the atmosphere 
surrounding human, animal and plant life. 
Authorized Station: An established place of busi- 
ness duly licensed by the North Carolina Division 
of Motor Vehicles to conduct inspection of safety 
equipment, exhaust emissions, and air pollution 
control devices as required by the inspection laws. 
Base: The place where a vehicle is most fre- 
quently dispatched from, garaged, serviced, 
maintained, operated or otherwise controlled. If 
any vehicle is located in or operated from a 
county participating in the safety emission pro- 
gram continuously for a period of 30 days, said 
vehicle shall be considered based within said 
county. 

Carbon Monoxide: (CO) A colorless, odorless, 
highly toxic gas that is a normal by-product of 
incomplete fuel combustion. 
Certified Inspection Mechanic: A person who has 
completed the required course(s), who has passed 
a written examination approved by the North 
Carolina Division of Motor Vehicles, and who has 
been issued an inspection mechanic license by the 
Division of Motor Vehicles. 
Crankcase Emissions: Air contaminants emitted 
into the atmosphere from any portion of the 
engine crankcase ventilation or lubrication system. 
Current Year Model: The production period of 
new motor vehicles as designated by the manufac- 
turer in the calendar year in which the period 
ends. If the manufacturer does not designate a 
production period, the model year shall mean the 
12-month period beginning January of the year in 
which production began. 

Diagnostic Equipment: Tools or machines used to 
diagnose engine performance. 
Emission: The act of a motor vehicle emitting into 
the atmosphere any air contaminants which may 
include carbon monoxide, hydrocarbons, or 
nitrogen oxides. 

Established Place of Business for Safety/Emissions 
Inspection: A permanent structure owned either in 
fee or leased by a licensee, which has sufficient 
space to test and inspect one or more motor 
vehicles for which an inspection sticker is being 
sought and to accommodate the office or offices of 
an authorized station to provide a safe place for 
maintaining the records and stickers of such 
authorized station, and at which location the 
business shall be open during normal business 
hours to conduct safety inspections and exhaust 
emissions tests and make available to authorized 
agents of the Division of Motor Vehicles all 
records and required equipment for examination 
and testing. 
Exhaust Emissions: Air contaminants emitted into 



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PROPOSED RULES 



the atmosphere from any opening downstream 
from the exhaust parts of a motor vehicle engine. 

(13) Exhaust Gas Analyzer: A device for sensoring and 
measuring the amount of air contaminants in the 
exhaust emitted from a motor vehicle. 

(14) Heavy Duty Motor Vehicle: A motor vehicle 
which is designed primarily for: 

(a) The transportation of property and which is 
rated at more than 8,500 GVWR. 

(b) The transportation of persons and which has a 
capacity of more than 12 persons. 

(c) Use as a recreational motor vehicle which is 
rated at more than 8,500 GVWR. 

(d) Use as an off-road utility vehicle. 

(15) Hydrocarbons: A family of compounds containing 
carbon and hydrogen in various combinations 
found especially in fossil fuels. 

(16) Inspection: The safety equipment or exhaust 
emissions inspection of motor vehicles required by 
G.S. 20, Part 2, Article 3A 

(17) Inspection Sticker: Sticker which when properly 
executed indicates that the vehicle to which it is 
attached has been inspected and found to meet the 
requirements of the inspection laws. 

(18) Inspection Laws: G.S. 20, Part 2, Article 3A and 
rules duly adopted by the Commissioner of Motor 
Vehicles. 

(19) Inspection/Maintenance (\/M): A strategy to 
reduce emissions from in-use motor vehicles by 
identifying vehicles that need emission related 
maintenance and requiring that such maintenance 
be performed. 

(20) Inspection Period: The month during which the 
motor vehicle would normally be required to be 
inspected by G.S. 20-183.4C. 

(21) License: Notwithstanding G.S. 20-4.01(17), the 
license issued by the Commissioner of Motor 
Vehicles which is required for a person to operate 
a safety equipment exhaust emission inspection 
station. 

(22) Light Duty Motor Vehicle: A motor vehicle which 
is designed primarily for: 

(a) Transportation of property and which is rated at 
or less than 8,500 GVWR by the manufacturer; 
or 

(b) Use in the transportation of persons and which 
has a capacity of 12 persons or fewer. 

(23) Light Transmittance Measuring Device or Light 
Meter or Unit or Device: A photometer capable 
of measuring the net transmittance of a window or 
windshield for light at 560 nm with a variance of 
no more than 20 nm. 

(24) Multipiece Photometer: A photometer in which 
the light source and light detector are mechani- 
cally se parate units that can be positioned on 
opposite sides of a fixed window or windshield. 

(25) Net Transmittance: The luminous transmittance 



over the 560 nm with a variance of 20 nm wave- 
length range, including the effects of Fresnel 
(surface) reflections. 

(26) (33) Nitrogen Oxides: A gas formed in great part 
from atmospheric nitrogen and oxygen when 
combustion occurs under high temperature and 
high pressure, as in an internal combustion en- 
gine. 

(27) (34) Recreational Motor Vehicle: A vehicle which 
is designed primarily to provide temporary or 
permanent living quarters for travel, camping, or 
other recreational use. 

(28) (35) Registered Owner of a Vehicle: The individ- 
ual, group of individuals, partnership, firm, 
company, corporation, association, trust, estate, 
political subdivision, administrative agency, public 
or quasi-public corporation, or any other legal 
entity in whose name the license has been issued 
and whose name appears on the registration for 
such vehicle. 

(29) (364 Revocation: Notwithstanding G.S. 20- 
4.01(36), the termination of a license issued by 
the Division of Motor Vehicles to a safety equip- 
ment exhaust emission inspection station. 

(30) {Zfy Section: The Enforcement Section of the 
Division of Motor Vehicles. 

(31) (3&) Self-Inspector: A person, firm or corporation 
so designated by the Commissioner for the pur- 
pose of inspecting only those vehicles owned or 
operated by such person, firm or corporation. 

(32) (39) Standard: A standard of performance adopted 
in these Rules. 

(33) (30) Station: A place of business duly licensed by 
the Commissioner of Motor Vehicles to conduct 
inspections of motor vehicles as required by the 
inspection laws. 

(34) (34) Suspension of Safety/Emission License: The 
temporary withdrawal of a license issued by the 
Division of Motor Vehicles to a safety equipment 
exhaust emission inspection station for a definite 
period of time. 

(35) (334 Tampering: Rendering inoperative, or the 
intentional maladjustment of any device installed 
on a motor vehicle designed or intended to control 
the amount of emissions from a vehicle. 

(36) (33) Waiver: A document issued by the Commis- 
sioner of Motor Vehicles or his designated agent 
exempting a particular motor vehicle from the 
requirements of the emission inspection. 

Statutory Authority G.S. 20-2; 20-39; 20-127; 20-183.2; 20- 
183.6(a); 20-183. 7(a). 

.0549 APPROVAL AND DISAPPROVAL OF 
VEHICLES 

Vehicles shall not be disapproved for any reason other 
than those specified in 19A NCAC 03D .0533 through 



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PROPOSED RULES 



030.0515 03D .0553 . 

Statutory Authority G.S. 20-2; 20-39;20-127; 20-183.2; 
183.3; 20- 183. 6(a); 20-183. 7(a). 



20- 



.0551 WINDOW TINTING 

(a) All stations performing window tinting inspections 
shall have a light meter or photometer which has been 
properly tested and approved by the Commissioner of Motor 
Vehicles. Stations which do not have an approved light 
meter shall not inspect vehicles with applications of after- 
factory window tinting. Stations are not required to 
maintain a light meter in order to perform safety inspections 
on vehicles without after-factory window tinting. 

(1) The inspection mechanic shall determine if the 
vehicle has after-factory window tinting prior to 
beginning the inspection. The mechanic may 
use an automotive film check card or knowledge 
of window tinting techniques to determine if a 
vehicle has after-factory tint applied to any 
window of the vehicle. 

(2) If a station determines a vehicle has after-factory 
window tinting but does not have an approved 
light meter, the mechanic must inform the 
customer he is unable to perform the inspection. 
The station may not charge for any portion of 
the inspection. 

(b) All windows with applications of after-factory window 
tinting shall be inspected with an approved photometer 
which is properly calibrated and functioning. 

(c) Prior to performing a test on a vehicle, the mechanic 
shall test the photometer for accuracy by checking the 
calibration against a reference sample of glass provided by 
the manufacturer. If the photometer indicates the device 
exceeds the net light transmission by _+ or ; three percent- 
age points, the unit shall be considered out of calibration 
and may not be used until properly calibrated. The unit's 
digital display must also be checked to ensure all digital 
display segments are lit and properly functioning. 

(1) The reference glass sample must be clean and 
free of dirt prior to performing the calibration 
check. 

(2) If a reference glass sample has been broken or 
is missing, the test shall not be performed and 
the mechanic shall inform the customer he is 
unable to perform the inspection. 

(3) If a digital display segment is not functioning, 
the test shall not be performed and the mechanic 
shall inform the customer he is unable to per- 
form the inspection. The unit may not be used 
until it is repaired. 

(4) The windows to be tested shall be clean and free 
of dirt or moisture. 

(d) The test shall be performed according to the photome- 
ter manufacturer's recommendations. 

(e) Window tint shall fail safety inspection if: 



(1) Any window on the vehicle with after-factory 
tint has a light transmittance of less than 32%. 

(2) The tint on any window is red, yellow, or 
amber. 

(31 The tint on the windshield extends more than 
five inches below the top of the windshield or is 
below the AS1 line of the windshield, whichever 
measurement is longer. 
(4) The light reflectance of a tinted window is not 
20% or less. 

(fj Window tinting on vehicles with after-factory window 
tint shall not be inspected if the vehicle is exempt from the 
window tinting restrictions under G.S. 20-127(c). 

(g) The mechanic shall collect the fee as specified in G.S. 
20-183. 7(a) for performing the inspection. 

(h) The fee for inspecting window tinting may only be 
charged for vehicles with after-factory tint applied. If the 
light transmission exceeds 65%, the vehicle shall not be 
considered to have after-factory tint and the mechanic shall 
not charge the fee as specified in G.S. 20-183.7(a). 

(i) Standards for devices used to measure light transmit- 
tance through vehicle windshields and windows are as 
provided in this section. These standards include but are 
not limited to portable devices used within the State of 
North Carolina to measure light transmittance through 
vehicle windshields and windows pursuant to G.S. 20-127. 
These devices shall be provided with a standard reference 
sample and procedure for taking readings utilizing the 
reference sample. The device light source shall be mid- 
range in the visible spectrum (560nm +/- 20nm) and shall 
not emit in the ultraviolet and infrared portions of the 
electromagnetic spectrum. 

(j) The standardization of glass reference samples shall be 
traceable to the National Institute of Standards and Technol- 
ogy (NIST). 

Statutory Authority G.S. 20-2; 20-39; 20-127; 20-183. 6(a); 
20-183. 7(a). 

.0552 PHOTOMETER DESIGN AND 

PERFORMANCE REQUDIEMENTS 

(a) Multi-piece photometers shall be designed to be 
operated by one person on front windows, roll-down and 
non-roll-down side windows, and rear windows with up to 
1/4-inch glass thickness. The multi-piece photometer shall 
have a three-digit digital readout capable of displaying from 
00.0% to 99.9% transmittance with a resolution to the 
nearest IMP of 1%. 

(b) The multi-piece photometer shall incorporate an 
automatic alignment feature or positive alignment indication 
such that the alignment of the transmitter and receiver are 
accomplished either automatically by respective devices or 
through an electronic noise indicating proper alignment, a 
light indicating proper alignment, or a feature which 
prevents readings being taken without the device being 
properly aligned. The automatic field of view of the 
transmitter and receiver shall be large enough to provide a 



10:16B 



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PROPOSED RULES 



stable and accurate reading of the true net transmittance of 
the measured window. 

(c) All photometric devices shall maintain unit accuracy 
within + or ; three percentage points of reference samples 
between ten and seventy percent net light transmission. 

(d) All photometric devices shall have a repeatability of 
+. PI z one percentage point from reading to reading. 

(e) If the unit's supply voltage falls below the usable 
operating range, the device shall produce a low battery 
indication or fail to perform testing. Accurate readings 
must not be affected by the unit's supply voltage. The 
unit's power supply shall be capable of producing a mini- 
mum of 200 readings before replacement or recharge. 

(f) Photometric devices shall not be affected by light 
sources other than the unit's source light. In addition to 
physical light barriers such as felt covers, rubber gaskets, 
the photometer shall include some form of electronic 
filtration or cancellation of any stray or ambient light 
sources. Units with readings affected by outside stray or 
ambient light sources shall not be acceptable. 

(g) Photometric devices shall not be affected by interfer- 
ence generated by electric equipment, tools, or lighting 
devices. Readings shall not fluctuate when close to operat- 
ing electric motors or lighting sources. 

(h) Operating humidity range shall be 0-100% non- 
condensing. Operating temperature range shall be zero to 
1 10 degrees F. 

(i) Photometric devices shall incorporate a means of 
compensating for temperature and humidity changes within 
the stated ranges of this Rule. Acceptable units shall be 
capable of demonstrating both accuracy and repeatability of 
transmittance readings throughout the operating temperature 
and humidity ranges under Paragraph (h) of this Rule. 

rij The multi-piece photometer's transmitter shall have a 
light source capable of providing a uniform intensity beam 
that can accommodate the alignment capabilities of the 
receiver. Multi-piece photometers shall incorporate a means 
of self-alignment or positive alignment indication that shall 
be accomplished when the source and detector units are 
placed on their respective surfaces of the glazing to be 
measured as described in Paragraph (a) of this Rule. The 
alignment shall be accurate enough to position the detector 
unit well within the uniform beam of the source. The result 
of this alignment feature shall be data that meets the 
accuracy and repeatability requirements of this Rule. 

(k) Reference samples shall be glass with a warranted 
transmittance stability of at least one year. Reference 
samples shall provide a uniform surface reading at four 
points with a variation not to exceed one percentage point as 
measured by a calibrated spectrophotometer over an indi- 
cated range within 560nm with a variance of no more than 
20nm, Reference samples shall be permanently labeled or 
inscribed with the manufacturer's name, address, and date 
of calibration. Manufacturers shall ensure replacement 
reference samples are available to the consumer within two 
working days in the event of damage or breakage. 

(1) Photometric devices shall include an all segments 



display option for testing the unit's LCD display segments. 
This test may be performed prior to each reading or through 
a separate test button. 

(m) Photometric units shall incorporate devices which 
shall protect the light source and detector from direct 
contact with environmental elements, dust, grease, and other 
products commonly associated with automotive repair shops. 
These devices shall also prevent the user from directly 
touching either the light source or detector. 

Statutory Authority G.S. 20-2; 20-39; 20-127; 20-183. 6(a); 
20-183. 7(a). 

.0553 PHOTOMETER COMPLIANCE 

(a) All devices used within the State of North Carolina to 
measure light transmittance through vehicle windshields or 
other windows shall as a minimum meet the requirements of 
Rule .0552 of this Section before being approved for use in 
enforcing state inspection laws and for law enforcement use 
throughout the state. 

(b) Manufacturers must submit units for independent 
laboratory testing at a laboratory designated by the Commis- 
sioner prior to approval. 

(c) Fees for testing shall either be reimbursed to the 
Division of Motor Vehicles by the manufacturer or directly 
to the laboratory by the manufacturer as directed by the 
Commissioner. 

Statutory Authority G.S. 20-2; 20-39; 20-127; 20-183. 6(a); 
20-183. 7(a). 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Transportation intends to adopt rules cited as 19A NCAC 
06B .0401 - .0417. 

Proposed Effective Date: March 1. 1996. 

A Public Hearing will he conducted at 10:00 a.m. on 
December 5, 1995 at the Transportation Building, Room 
150. 1 South Wilmington Street. Raleigh. NC 27611. 

Reason for Proposed Action: Pursuant to G. S. 136-44. 36. 
the Department is adopting rules to administer the Rail 
Industrial Access Program which is currently operational. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rules by mailing the 
comments to Emily Lee, Department of Transportation , P.O. 
Box 25201, Raleigh, NC 27611, within 30 days after the 
proposed rules are published. 

Fiscal Note: These Rules affect the expenditure or distribu- 
tion of State funds subject to the Executive Budget Act, 
Article 1 of Chapter 143. 



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PROPOSED RULES 



CHAPTER 6 - DEPUTY SECRETARY - TRANSIT, 
RAIL, AND AVIATION 

SUBCHAPTER 6B - PUBLIC TRANSPORTATION 
AND RAIL PROGRAM 

SECTION .0400 - RAIL INDUSTRIAL ACCESS 
PROGRAM 



Statutory Authority G.S. 136-44.36; 143B-3 50(f) and (g). 

.0405 INELIGIBLE COSTS 

Costs which are not eligible for R1AP program costs are 
as follows: 

(1) Engineering; 

(2) Relocation of utilities; 

(3) Acquisition of rights of way; and 

(4) Rail dock. 



.0401 DEFTNITION OF PROGRAM 

For purposes of this Subchapter, the following definitions 
shall apply: 

(1) The term "Rail Industrial Access Program" or 
"RIAP" means the Department of Transportation 
program which provides funding to cover a por- 
tion of the costs of constructing or rehabilitating 
railroad industrial access tracks to serve a new or 
expanded industry. 

(2) "Department" means the North Carolina Depart- 
ment of Transportation. 

(3) "Grantee" means the entity which receives a RIAP 
grant from DOT. 

£4} "Project" means the construction of a spur track 
and related facilities under the RJAP. 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 

.0402 IDENTIFYING INFORMATION 

Information related to RIAP may be obtained from: 
Director, Rail Division 

N.C. DOT 
P.O. Box 25201 
1 South Wilmington Street 

Raleigh, NC 27611 
Telephone 919-733-4713. 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 

.0403 FUNDING RECIPIENTS 

The following organizations shall be eligible to a pply for 
Rail Industrial Access Funding: 

(1) Municipal and county governments; 

(2) Non-profit or for-profit community development 
organizations; 

(3) Railroads; and 

(4) Industries. 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 

.0404 ELIGIBLE COSTS 

Costs eligible for RIAP funding are as follows: 

(1) Site preparation, including grading and drainage; 

(2) Track construction; 

(3) Switches; and 

(4) Grade crossings and signals. 



Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 

.0406 APPLICATION 

Candidates for RIAP funding shall complete and submit a 

funding application to the Department of Transportation. 

Copies of the application may be obtained from: 

Director, Rail Division 

North Carolina Department of Transportation 

P.O. Box 25201 

\ South Wilmington Street 

Raleigh, NC 27611 
Telephone 919-733-4713 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 

.0407 COUNTY AND CITY CERTIFICATION 

An applicant shall provide a certified copy of the resolu- 
tion of support from the county and city government £if 
applicable) to the Department. An interim letter of support 
may be accepted pending receipt of a formal resolution. 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 

.0408 REQUIRED EASEMENT CERTIFICATIONS 

A property easement certification shall be provided by the 
applicant with the completed application that provides 
written assurance that all required easements have or will be 
obtained. 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 

.0409 INDUSTRY CERTIFICATION 

The industry shall certify that it will provide the jobs and 
rail traffic (carloads) indicated in the project application. 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 

.0410 APPLICATION EVALUATION 

The Department shall evaluate the following when recom- 
mending rail projects to the Board of Transportation for 
approval: 
(1) Employment created in first two years; 

Capital investment in first two years; 
Annual rail traffic; 



(2) 

•4) 



Whether the project is located in a county desig- 
nated as distressed by the North Carolina Depart- 
ment of Commerce as defined in G.S. 143B- 



10.16B 



NORTH CAROLINA REGISTER 



November 15, 1995 2024 



PROPOSED RULES 



437(b) or is eligible to receive Appalachian Re- 
gional Commission funding; 

(5) Whether the project is served by a shortline 
railroad; and 

(6) Impact on local or regional income or economic 
development. 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 

.0411 ALLOCATION OF FUNDING 

(a) After evaluation of public benefits, includin g new 
employment and capital investment and funding available, 
the Department may award urj to a maximum 50% of total 
project costs. Except as provided in Paragraph (b) of this 
Rule, a project shall receive no more than 20% of the 
annual budgeted funding for the RIAP in any_ fiscal year. 

(b) The North Carolina Board of Transportation may 
approve funding above the maximum for individual projects 
based on the following criteria: 

( 1 ) Comparison of project costs, benefits, and 
grantee resources; and 

(2) Availability of funding. 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 



(b) The Grantee shall submit monthly progress reports. 

(c) The Grantee shall submit invoices to the Department 
at the following address: 

Grants Administrator 
Public Transportation and Rail Divisions 
North Carolina Department of Transportation 
P.O. Box 25201 
Raleigh, NC 27611 
The Grantee shall submit invoices in the same format and 
detail as cost items appear in the project bid and construc- 
tion contracts. 

(d) The Grantee shall indicate on invoices the total costs 
for the invoiced period and specify the current amount due. 

(e) The Department shall examine requests for reimburse- 
ment to verify that costs are necessary to accomplish the 
project and within the scope of the project as described in 
the approved project budget. 

Statutory Authority G.S. 143B-350(f) and (g). 

.0414 RETAINAGE 

The Department may withhold a retainage of JO percent of 
the approved payment amount until the project is completed 
and accepted and the final audit has been conducted. 



.0412 PROCUREMENTS 

All procurements shall be handled as follows: 

( 1 ) Procurements shall be conducted through formal, 
competitive bidding; 

(2) Prior to advertising for bids, the Grantee shall 
submit the request for bids to the Department for 
review and approval; 
The Grantee shall solicit bids from at least three 



(4) 



lb] 
L£l 



m 



firms; 

The Grantee shall submit to the Department a 
certified tabulation of the bids received and a 
recommendation for bid award; 



The Department shall review and approve the bid 
prior to the execution of a contract between the 
Grantee and the selected bidder. The Grantee 
shall submit the following information when 
requesting bid approval: 

Bid list; 

Copy of proposed contract; 

Certified tabulation of bids results; 



Copy of signed bid submitted by the recom- 
mended bidder; and 
After the Department approves a contract award, 
the Grantee shall submit a copy of the executed 
contract to the Department. 



Statutory Authority G.S. 143B-350(f) and (g). 

.0415 OWNERSHIP AND MAINTENANCE 
RESPONSIBILrrY 

(a) Once constructed, all rail industrial access tracks shall 
be owned by the Grantee or by_ the industry served. 

(b) After construction, the track owner shall be responsi- 
ble for maintaining the proiect tracks. 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 

.0416 REPORTING REQUD1EMENTS 

The grant recipient shall report to the Department as 
follows: 

(1) After each of the first two years following com- 
pletion, the grant recipient shall provide informa- 
tion verifying the industry's employment as indi- 
cated in the project application and industry 
certification; 

(2) For the first five years following project comple- 
tion, the grant recipient shall provide verification 
of the industry's rail use as indicated in the project 
application and industry certification. 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 



Statutory Authority G.S. 136-44.36; 143-129; 143B-350(fl 
and (g). 

.0413 REQUESTS FOR REIMBURSEMENT 

(a) The Grantee may submit requests for reimbursement 
to the Department no more than once a month. 



.0417 REPAYMENT 

(a) If the proiect tracks are abandoned, relocated, or sold 
without a grant assignment, the track owner shall repay the 
Department its contribution to the cost of construction and 
materials less depreciation. 

(b) The Grantee may be required to repay the Department 



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NORTH CAROLINA REGISTER 



November 15, 1995 10.16B 



PROPOSED RULES 



I 



if: 

(1) During the first five years rail use falls below 

the goal levels specified in the industry certifica- 
tion; 

(2) Job goals (as specified in the industry certifica- 
tion) for the first two years are not met. 

Statutory Authority G.S. 136-44.36; 143B-350(f) and (g). 



> 



10.16B NORTH CAROLINA REGISTER November 15, 1995 2026 



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